Appellate Division of the Supreme Court of New York, 1990

People v. Henderson

People v. Henderson
Appellate Division of the Supreme Court of New York · Decided December 27, 1990
168 A.D.2d 383; 563 N.Y.S.2d 715; 1990 N.Y. App. Div. LEXIS 15789
People v. Henderson

Opinion of the Court

—Judgment, Supreme Court, New York County (George Roberts, J.), rendered on March 31, 1989, convicting defendant, upon a plea of guilty, of attempted burglary in the second degree and sentencing defendant to an indeterminate term of imprisonment of Slá to 7 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—Sullivan, J. P., Carro, Wallach and Rubin, JJ.

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