Appellate Division of the Supreme Court of New York, 1991

People v. Brown

People v. Brown
Appellate Division of the Supreme Court of New York · Decided November 14, 1991
177 A.D.2d 339; 576 N.Y.S.2d 509; 1991 N.Y. App. Div. LEXIS 14449
People v. Brown

Opinion of the Court

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered on March 5, 1990, convicting defendant, upon a plea of guilty of manslaughter in the first degree and sentencing defendant to an indeterminate term of imprisonment of from 5 to 15 years, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, *340the 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., Wallach, Kupferman, Ross and Asch, JJ.

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