People v. Sinais

Appellate Division of the Supreme Court of New York

People v. Sinais

174 A.D.2d 425, 572 N.Y.S.2d 855, 1991 N.Y. App. Div. LEXIS 8857

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

DecidedJune 13, 1991

StatusPublished

This text of 174 A.D.2d 425 (People v. Sinais) 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. Sinais, 174 A.D.2d 425, 572 N.Y.S.2d 855, 1991 N.Y. App. Div. LEXIS 8857 (N.Y. Ct. App. 1991).

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Opinion

—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered on January 17, 1990, convicting defendant upon a plea of guilty of criminal sale of a controlled substance in the third degree and sentencing defendant to an indeterminate term of imprisonment of 5 to 10 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 [426]*426by its terms.” (People v Felman, 141 AD2d 889, 890, Iv denied 72 NY2d 918.) Concur—Rosenberger, J. P., Ellerin, Kupferman, Asch and Smith, JJ.

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—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered on January 17, 1990, convicting defendant upon a plea of guilty of criminal sale of a controlled substance in the third degree and sentencing defendant to an indeterminate term of imprisonment of 5 to 10 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 [426]*426by its terms.” (People v Felman, 141 AD2d 889, 890, Iv denied 72 NY2d 918.) Concur—Rosenberger, J. P., Ellerin, Kupferman, Asch and Smith, JJ.

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Bluebook (online)

174 A.D.2d 425, 572 N.Y.S.2d 855, 1991 N.Y. App. Div. LEXIS 8857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sinais-nyappdiv-1991.

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