Opinion
October 20, 1992
Appeal from the Supreme Court, New York County (Brenda Soloff, J.).
Defendant's argument that the court erred in imposing a fine without determining the amount of his gain from the crime, and without advising him that he could obtain a resentencing if unable to pay the fine, is academic since the record does not show that a fine was ever actually imposed. All the record shows is that a sentence involving a fine was offered; it does not show that such was accepted or imposed.
The sentence was not excessive, and defendant received the sentence for which he bargained (see, People v Felman, 141 A.D.2d 889, lv denied 72 N.Y.2d 918). The sentencing court properly exercised its discretion after due consideration of relevant factors, including the crime charged, the particular circumstances of the individual before it, and the purpose of a penal sanction (see, People v Farrar, 52 N.Y.2d 302, 305).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Asch, JJ.