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People v. Linares

Appellate Term of the Supreme Court of New York, First Department
Mar 6, 2008
2008 N.Y. Slip Op. 50428 (N.Y. App. Term 2008)

Opinion

570324/06.

Decided March 6, 2008.

Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx County (Nicolas Iacovetta, J.), rendered May 25, 2006, convicting him, upon a plea of guilty, of aggravated unlicensed operation of a motor vehicle, and sentencing him to a fine of $300.

Judgment of conviction (Nicolas Iacovetta, J.), rendered May 25, 2006, affirmed.

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.


We are unpersuaded that the sentence imposed — payment of a $300 fine — was unduly harsh or severe. Taking into account, "among other things, the [offense] 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 NY2d 302, 305).

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms" ( People v Felman, 141 AD2d 889, 890 [1988], lv denied, 72 NY2d 918).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Linares

Appellate Term of the Supreme Court of New York, First Department
Mar 6, 2008
2008 N.Y. Slip Op. 50428 (N.Y. App. Term 2008)
Case details for

People v. Linares

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS LINARES…

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

Date published: Mar 6, 2008

Citations

2008 N.Y. Slip Op. 50428 (N.Y. App. Term 2008)