People v. Sosa

Appellate Division of the Supreme Court of New York

People v. Sosa

171 A.D.2d 626, 568 N.Y.S.2d 320, 1991 N.Y. App. Div. LEXIS 3832

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

DecidedMarch 28, 1991

StatusPublished

This text of 171 A.D.2d 626 (People v. Sosa) 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. Sosa, 171 A.D.2d 626, 568 N.Y.S.2d 320, 1991 N.Y. App. Div. LEXIS 3832 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York [627]*627County (Leslie Crocker Snyder, J.), rendered on April 28,1989, convicting defendant, upon a plea of guilty of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree and sentencing defendant to concurrent indeterminate terms of imprisonment of 4 years to life and 2lA to 7 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 — Milonas, J. P., Asch, Kassal and Rubin, JJ.

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Judgment, Supreme Court, New York [627]*627County (Leslie Crocker Snyder, J.), rendered on April 28,1989, convicting defendant, upon a plea of guilty of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree and sentencing defendant to concurrent indeterminate terms of imprisonment of 4 years to life and 2lA to 7 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 — Milonas, J. P., Asch, Kassal and Rubin, JJ.

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Bluebook (online)

171 A.D.2d 626, 568 N.Y.S.2d 320, 1991 N.Y. App. Div. LEXIS 3832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sosa-nyappdiv-1991.

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