People v. Morton

Appellate Division of the Supreme Court of New York

People v. Morton

162 A.D.2d 272, 559 N.Y.S.2d 127, 1990 N.Y. App. Div. LEXIS 7402

Procedural entryThis page is a short order in People v. Morton. Read the opinion of the Court — 173 A.D.2d 1081 →

Appellate Division of the Supreme Court of the State of New York·Decided June 19, 1990·Published

Opinion

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered on June 12, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and sentencing defendant to a prison term of from 2 to 6 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, Iv denied 72 NY2d 918.) Concur—Ross, J. P., Carro, Wallach and Rubin, JJ.

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Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered on June 12, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and sentencing defendant to a prison term of from 2 to 6 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, Iv denied 72 NY2d 918.) Concur—Ross, J. P., Carro, Wallach and Rubin, JJ.

People v. Morton, 162 A.D.2d 272, 559 N.Y.S.2d 127, 1990 N.Y. App. Div. LEXIS 7402 (N.Y. Ct. App. 1990).

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Opinion

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