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People v. Span

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1991
170 A.D.2d 342 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the Supreme Court, Bronx County (Bernard Jackson, 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, Ross and Smith, JJ.


Summaries of

People v. Span

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1991
170 A.D.2d 342 (N.Y. App. Div. 1991)
Case details for

People v. Span

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SPAN, Appellant

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 342 (N.Y. App. Div. 1991)