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People v. Lopez

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1989
155 A.D.2d 328 (N.Y. App. Div. 1989)

Opinion

November 16, 1989

Appeal from the Supreme Court, New York County (Harold Rothwax, 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.)

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 A.D.2d 889, 890, lv denied 72 N.Y.2d 918.)

Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1989
155 A.D.2d 328 (N.Y. App. Div. 1989)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL LOPEZ, Appellant

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

Date published: Nov 16, 1989

Citations

155 A.D.2d 328 (N.Y. App. Div. 1989)