People v. Herman

Appellate Division of the Supreme Court of New York

People v. Herman

172 A.D.2d 408, 570 N.Y.S.2d 912, 1991 N.Y. App. Div. LEXIS 5014

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

DecidedApril 25, 1991

StatusPublished

This text of 172 A.D.2d 408 (People v. Herman) 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. Herman, 172 A.D.2d 408, 570 N.Y.S.2d 912, 1991 N.Y. App. Div. LEXIS 5014 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Rene Uviller, J.), rendered on April 27, 1989, convicting defendant upon a plea of guilty of attempted murder in the second degree and sentencing defendant to an indeterminate term of imprisonment of five to ten 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.)

Further, defendant was sentenced in accordance with his plea bargain and with 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—Rosenberger, J. P., Kupferman, Kassal and Rubin, JJ.

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Judgment, Supreme Court, New York County (Rene Uviller, J.), rendered on April 27, 1989, convicting defendant upon a plea of guilty of attempted murder in the second degree and sentencing defendant to an indeterminate term of imprisonment of five to ten 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.)

Further, defendant was sentenced in accordance with his plea bargain and with 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—Rosenberger, J. P., Kupferman, Kassal and Rubin, JJ.

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Bluebook (online)

172 A.D.2d 408, 570 N.Y.S.2d 912, 1991 N.Y. App. Div. LEXIS 5014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herman-nyappdiv-1991.

Opinion

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