People v. Bosque

Appellate Division of the Supreme Court of New York

People v. Bosque

155 A.D.2d 377, 547 N.Y.S.2d 597, 1989 N.Y. App. Div. LEXIS 14577

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

DecidedNovember 28, 1989

StatusPublished

Cited by1 cases

This text of 155 A.D.2d 377 (People v. Bosque) 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. Bosque, 155 A.D.2d 377, 547 N.Y.S.2d 597, 1989 N.Y. App. Div. LEXIS 14577 (N.Y. Ct. App. 1989).

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Opinion

Judgment, Supreme Court, Bronx County (John Collins, J.), rendered on May 9, 1988, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to an indeterminate term of from 8 to 16 years’ imprisonment, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or excessive. 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, "[hjaving 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 — Kupferman, J. P., Milonas, Kassal and Ellerin, JJ.

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Judgment, Supreme Court, Bronx County (John Collins, J.), rendered on May 9, 1988, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to an indeterminate term of from 8 to 16 years’ imprisonment, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or excessive. 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, "[hjaving 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 — Kupferman, J. P., Milonas, Kassal and Ellerin, JJ.

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Bluebook (online)

155 A.D.2d 377, 547 N.Y.S.2d 597, 1989 N.Y. App. Div. LEXIS 14577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bosque-nyappdiv-1989.

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