People v. Werts

Appellate Division of the Supreme Court of New York

People v. Werts

161 A.D.2d 534, 556 N.Y.S.2d 486, 1990 N.Y. App. Div. LEXIS 6551

Appellate Division of the Supreme Court of the State of New York·Decided May 31, 1990·Published

Opinion

Judgment, Supreme Court, Bronx County (John P. Collins, J.), rendered on July 20, 1987, 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; People v Bourne, 139 AD2d 210, lv denied 72 NY2d 955.)

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., Kupferman, Carro, Kassal and Wallach, JJ.

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Judgment, Supreme Court, Bronx County (John P. Collins, J.), rendered on July 20, 1987, 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; People v Bourne, 139 AD2d 210, lv denied 72 NY2d 955.)

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., Kupferman, Carro, Kassal and Wallach, JJ.

People v. Werts, 161 A.D.2d 534, 556 N.Y.S.2d 486, 1990 N.Y. App. Div. LEXIS 6551 (N.Y. Ct. App. 1990).

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Opinion

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