People v. Werts

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY WERTS, Appellant

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

Date published: May 31, 1990

161 A.D.2d 534 (N.Y. App. Div. 1990)

556 N.Y.S.2d 39

Opinion

May 31, 1990

Appeal from the Supreme Court, Bronx County (John P. Collins, 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; People v. Bourne, 139 A.D.2d 210, lv denied 72 N.Y.2d 955.)

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 — Murphy, P.J., Kupferman, Carro, Kassal and Wallach, JJ.