Appellate Division of the Supreme Court of New York, 1990

People v. Santana

People v. Santana
Appellate Division of the Supreme Court of New York · Decided December 20, 1990
168 A.D.2d 366; 562 N.Y.S.2d 942; 1990 N.Y. App. Div. LEXIS 15529
People v. Santana

Opinion of the Court

Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered on April 28, 1987, convicting defendant, upon a plea of guilty, of criminal possession of a controlled substance in the second degree and sentencing defendant to an indeterminate term of imprisonment of seven 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 his 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, Ellerin, Wallach and Rubin, JJ.

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