People v. Ortiz

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN ORTIZ, Appellant

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

Date published: Jul 10, 1990

163 A.D.2d 100 (N.Y. App. Div. 1990)

557 N.Y.S.2d 348

Opinion

July 10, 1990

Appeal from the Supreme Court, New York County (Edward McLaughlin, 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 regulations. "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., Milonas, Rosenberger and Smith, JJ.