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People v. Hernandez

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1989
155 A.D.2d 361 (N.Y. App. Div. 1989)

Opinion

November 21, 1989

Appeal from the Supreme Court, New York County (Brenda Soloff, J.).


We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction", we perceive no abuse of discretion warranting a reduction in sentence (People v Farrar, 52 N.Y.2d 302, 305).

The sentencing court could consider the defendant's subsequent arrest, especially where the court expressly conditioned the sentencing promise on defendant's good conduct (People v Farrar, supra, at 306).

Concur — Kupferman, J.P., Ross, Asch, Kassal and Smith, JJ.


Summaries of

People v. Hernandez

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1989
155 A.D.2d 361 (N.Y. App. Div. 1989)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT HERNANDEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 1989

Citations

155 A.D.2d 361 (N.Y. App. Div. 1989)
547 N.Y.S.2d 329

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