Appellate Division of the Supreme Court of New York, 1990

People v. Baello

People v. Baello
Appellate Division of the Supreme Court of New York · Decided April 19, 1990
160 A.D.2d 543; 554 N.Y.S.2d 1005; 1990 N.Y. App. Div. LEXIS 4388
People v. Baello

Opinion of the Court

—Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered on August 13, 1987, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree and sentencing defendant to an indeterminate prison term of from six years to life, 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 *544his bargain, defendant should be bound by its terms” (People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918). Concur— Sullivan, J. P., Carro, Rosenberger and Ellerin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.