Appellate Division of the Supreme Court of New York, 1991

People v. Beatty

People v. Beatty
Appellate Division of the Supreme Court of New York · Decided September 12, 1991
176 A.D.2d 129; 573 N.Y.S.2d 1012; 1991 N.Y. App. Div. LEXIS 11932
People v. Beatty

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered on April 24, 1989, convicting defendant upon a plea of guilty of criminal sale of a controlled substance in the fifth degree and sentencing defendant to an indeterminate term of imprisonment of from 2 Vi to 5 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 *130perceive 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 — Carro, J. P., Wallach, Kupferman and Smith, JJ.

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