People v. Baez

Appellate Division of the Supreme Court of New York

People v. Baez

161 A.D.2d 278, 556 N.Y.S.2d 472, 1990 N.Y. App. Div. LEXIS 5064

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 8, 1990

StatusPublished

This text of 161 A.D.2d 278 (People v. Baez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Baez, 161 A.D.2d 278, 556 N.Y.S.2d 472, 1990 N.Y. App. Div. LEXIS 5064 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Rothwax, J.), rendered on or about January 7, 1987, convicting defendant, upon his plea of guilty, of two counts of criminal sale of a controlled substance in the second degree and sentencing defendant to an indeterminate prison term of from six years to life, unanimously affirmed.

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 NY2d 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 AD2d 889, 890, lv denied 72 NY2d 918.) Concur—-Sullivan, J. P., Milonas, Kassal, Wallach and Smith, JJ.

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Judgment, Supreme Court, New York County (Rothwax, J.), rendered on or about January 7, 1987, convicting defendant, upon his plea of guilty, of two counts of criminal sale of a controlled substance in the second degree and sentencing defendant to an indeterminate prison term of from six years to life, unanimously affirmed.

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 NY2d 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 AD2d 889, 890, lv denied 72 NY2d 918.) Concur—-Sullivan, J. P., Milonas, Kassal, Wallach and Smith, JJ.

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Bluebook (online)

161 A.D.2d 278, 556 N.Y.S.2d 472, 1990 N.Y. App. Div. LEXIS 5064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baez-nyappdiv-1990.

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