People v. Minieri

Appellate Division of the Supreme Court of New York

People v. Minieri

171 A.D.2d 600, 568 N.Y.S.2d 316, 1991 N.Y. App. Div. LEXIS 3818

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

DecidedMarch 26, 1991

StatusPublished

This text of 171 A.D.2d 600 (People v. Minieri) 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. Minieri, 171 A.D.2d 600, 568 N.Y.S.2d 316, 1991 N.Y. App. Div. LEXIS 3818 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on December 19, 1988, convicting defendant, upon a plea of guilty of attempted robbery in the first degree and attempted assault in the first degree and sentencing defendant to consecutive indeterminate terms of imprisonment of 516 to 11 years and 2Vi to 5 years, respectively, 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 — Sullivan, J. P., Carro, Ellerin, Wallach and Ross, JJ.

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Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on December 19, 1988, convicting defendant, upon a plea of guilty of attempted robbery in the first degree and attempted assault in the first degree and sentencing defendant to consecutive indeterminate terms of imprisonment of 516 to 11 years and 2Vi to 5 years, respectively, 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 — Sullivan, J. P., Carro, Ellerin, Wallach and Ross, JJ.

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Bluebook (online)

171 A.D.2d 600, 568 N.Y.S.2d 316, 1991 N.Y. App. Div. LEXIS 3818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-minieri-nyappdiv-1991.

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