People v. Chappelle

Appellate Division of the Supreme Court of New York

People v. Chappelle

162 A.D.2d 172, 556 N.Y.S.2d 493, 1990 N.Y. App. Div. LEXIS 7092

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

DecidedJune 12, 1990

StatusPublished

This text of 162 A.D.2d 172 (People v. Chappelle) 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. Chappelle, 162 A.D.2d 172, 556 N.Y.S.2d 493, 1990 N.Y. App. Div. LEXIS 7092 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 20, 1988, which convicted defendant, upon his plea of guilty, of violation of probation under indictment No. 1201/87 and sentenced him to a prison term of 3 Vs to 10 years; and judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered June 30, 1988, which convicted defendant, upon his plea of guilty, of attempted assault in the second degree and assault in the third degree and sentenced him to a prison term of IV2 to 3 years and a conditional discharge, respectively, both 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, Iv denied 72 NY2d. 918.) Concur—Murphy, P. J., Carro, Milonas and Ellerin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 20, 1988, which convicted defendant, upon his plea of guilty, of violation of probation under indictment No. 1201/87 and sentenced him to a prison term of 3 Vs to 10 years; and judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered June 30, 1988, which convicted defendant, upon his plea of guilty, of attempted assault in the second degree and assault in the third degree and sentenced him to a prison term of IV2 to 3 years and a conditional discharge, respectively, both 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, Iv denied 72 NY2d. 918.) Concur—Murphy, P. J., Carro, Milonas and Ellerin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

162 A.D.2d 172, 556 N.Y.S.2d 493, 1990 N.Y. App. Div. LEXIS 7092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chappelle-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack