People v. Johnson

Appellate Division of the Supreme Court of New York

People v. Johnson

157 A.D.2d 501, 549 N.Y.S.2d 692, 1990 N.Y. App. Div. LEXIS 152

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

DecidedJanuary 11, 1990

StatusPublished

This text of 157 A.D.2d 501 (People v. Johnson) 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. Johnson, 157 A.D.2d 501, 549 N.Y.S.2d 692, 1990 N.Y. App. Div. LEXIS 152 (N.Y. Ct. App. 1990).

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Opinion

Judgments, Supreme Court, New York County (Harold Rothwax, J.), both rendered on June 29, 1988, convicting defendant, upon his pleas of guilty, of attempted robbery in the third degree and attempted robbery in the. first degree and sentencing defendant, as a second felony offender and second violent felony offender, respectively, to consecutive indeterminate prison terms of from 1 Vi to 3 years and 4 to 8 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 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—Sullivan, J. P., Ross, Carro, Milonas and Rosenberger, JJ.

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Judgments, Supreme Court, New York County (Harold Rothwax, J.), both rendered on June 29, 1988, convicting defendant, upon his pleas of guilty, of attempted robbery in the third degree and attempted robbery in the. first degree and sentencing defendant, as a second felony offender and second violent felony offender, respectively, to consecutive indeterminate prison terms of from 1 Vi to 3 years and 4 to 8 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 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—Sullivan, J. P., Ross, Carro, Milonas and Rosenberger, JJ.

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Bluebook (online)

157 A.D.2d 501, 549 N.Y.S.2d 692, 1990 N.Y. App. Div. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-nyappdiv-1990.

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