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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1990
157 A.D.2d 622 (N.Y. App. Div. 1990)

Opinion

January 30, 1990

Appeal from the Supreme Court, New York County (George Roberts, 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 — Sullivan, J.P., Asch, Kassal, Smith and Rubin, JJ.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1990
157 A.D.2d 622 (N.Y. App. Div. 1990)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MARTINEZ…

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

Date published: Jan 30, 1990

Citations

157 A.D.2d 622 (N.Y. App. Div. 1990)