People v. Temple

Appellate Division of the Supreme Court of New York

People v. Temple

172 A.D.2d 314, 568 N.Y.S.2d 872, 1991 N.Y. App. Div. LEXIS 4769

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

DecidedApril 18, 1991

StatusPublished

This text of 172 A.D.2d 314 (People v. Temple) 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. Temple, 172 A.D.2d 314, 568 N.Y.S.2d 872, 1991 N.Y. App. Div. LEXIS 4769 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered on August 14, 1989, convicting defendant, upon a plea of guilty of manslaughter in the first degree and sentencing defendant to an indeterminate term of imprisonment of 7 Vi to 15 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, lv denied 72 NY2d 918.) Concur—Murphy, P. J., Milonas, Ellerin, Ross and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered on August 14, 1989, convicting defendant, upon a plea of guilty of manslaughter in the first degree and sentencing defendant to an indeterminate term of imprisonment of 7 Vi to 15 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, lv denied 72 NY2d 918.) Concur—Murphy, P. J., Milonas, Ellerin, Ross and Rubin, JJ.

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Bluebook (online)

172 A.D.2d 314, 568 N.Y.S.2d 872, 1991 N.Y. App. Div. LEXIS 4769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-temple-nyappdiv-1991.

Opinion

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