Opinion
May 31, 1990
Appeal from the Supreme Court, New York County (Brenda Soloff, J.).
The sentence of "time served" runs concurrently with the five-year period of probation by operation of law. (See, Penal Law § 60.01 [d].) As thus clarified, we are unpersuaded that the sentence imposed was either unauthorized or excessive. 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, "[h]aving 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 — Ross, J.P., Asch, Kassal, Wallach and Rubin, JJ.