People v. Searles

Appellate Division of the Supreme Court of New York

People v. Searles

162 A.D.2d 426, 559 N.Y.S.2d 161, 1990 N.Y. App. Div. LEXIS 7863

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

DecidedJune 28, 1990

StatusPublished

This text of 162 A.D.2d 426 (People v. Searles) 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. Searles, 162 A.D.2d 426, 559 N.Y.S.2d 161, 1990 N.Y. App. Div. LEXIS 7863 (N.Y. Ct. App. 1990).

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Opinion

Judgment of the Supreme Court, Bronx County (John Byrne, J.), rendered April 8, 1988, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and robbery in the first degree and sentencing defendant, as a second violent felony offender, to concurrent terms of imprisonment of from 9 to 18 years, unaminously 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 [427]*427perceive 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—Kupferman, J. P., Milonas, Ellerin, Wallach and Rubin, JJ.

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Judgment of the Supreme Court, Bronx County (John Byrne, J.), rendered April 8, 1988, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and robbery in the first degree and sentencing defendant, as a second violent felony offender, to concurrent terms of imprisonment of from 9 to 18 years, unaminously 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 [427]*427perceive 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—Kupferman, J. P., Milonas, Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

162 A.D.2d 426, 559 N.Y.S.2d 161, 1990 N.Y. App. Div. LEXIS 7863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-searles-nyappdiv-1990.

Opinion

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