People v. Jasinski

Appellate Division of the Supreme Court of New York

People v. Jasinski

171 A.D.2d 443, 567 N.Y.S.2d 28, 1991 N.Y. App. Div. LEXIS 3288

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

DecidedMarch 12, 1991

StatusPublished

This text of 171 A.D.2d 443 (People v. Jasinski) 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. Jasinski, 171 A.D.2d 443, 567 N.Y.S.2d 28, 1991 N.Y. App. Div. LEXIS 3288 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (George Roberts, J.), rendered on November 30, 1989, convicting defendant, upon a plea of guilty of grand larceny in the third degree and sentencing defendant to an [444]*444indeterminate term of imprisonment of 1 to 3 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 her plea bargain and within statutory guidelines. "Having received the benefit of [her] bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889, 890, Iv denied 72 NY2d 918.) Concur — Murphy, P. J., Rosenberger, Wallach, Kupferman and Smith, JJ.

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Judgment, Supreme Court, New York County (George Roberts, J.), rendered on November 30, 1989, convicting defendant, upon a plea of guilty of grand larceny in the third degree and sentencing defendant to an [444]*444indeterminate term of imprisonment of 1 to 3 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 her plea bargain and within statutory guidelines. "Having received the benefit of [her] bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889, 890, Iv denied 72 NY2d 918.) Concur — Murphy, P. J., Rosenberger, Wallach, Kupferman and Smith, JJ.

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Bluebook (online)

171 A.D.2d 443, 567 N.Y.S.2d 28, 1991 N.Y. App. Div. LEXIS 3288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jasinski-nyappdiv-1991.

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