People v. Belen

Appellate Division of the Supreme Court of New York

People v. Belen

177 A.D.2d 336, 576 N.Y.S.2d 506, 1991 N.Y. App. Div. LEXIS 14459

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

DecidedNovember 14, 1991

StatusPublished

This text of 177 A.D.2d 336 (People v. Belen) 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. Belen, 177 A.D.2d 336, 576 N.Y.S.2d 506, 1991 N.Y. App. Div. LEXIS 14459 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered on October 2, 1989, convicting defendant, upon a plea of guilty of criminal sale of a controlled substance in the fifth degree and sentencing defendant to an indeterminate term of imprisonment of from 2 Vi to 5 years, 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.)

[337]*337Further, 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—Carro, J. P., Wallach, Kupferman, Asch and Kassal, JJ.

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Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered on October 2, 1989, convicting defendant, upon a plea of guilty of criminal sale of a controlled substance in the fifth degree and sentencing defendant to an indeterminate term of imprisonment of from 2 Vi to 5 years, 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.)

[337]*337Further, 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—Carro, J. P., Wallach, Kupferman, Asch and Kassal, JJ.

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Bluebook (online)

177 A.D.2d 336, 576 N.Y.S.2d 506, 1991 N.Y. App. Div. LEXIS 14459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-belen-nyappdiv-1991.

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