People v. Sanchez — 156 A.D.2d 304

Majority

p. 304

The People of the State of New York, Respondent, v Fredy Sanchez, Also Known as Freddy Sanchez, Also Known as Freddie Sanchez, Also Known as Fred Sanchez, Appellant.

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered July 12, 1988, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), and sentencing him to an indeterminate term of imprisonment of from five years to life, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or excessive. 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, "[h]aving received the benefit of his bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889 , 890, Iv denied 72 NY2d 918 .) Concur—Kupferman, J. P., Carro, Asch, Kassal and Smith, JJ.

Cases cited

People v. Farrar 52 NY2d 302 N.Y. 1981-03-26 at 305 p. 304
People v. Felman 141 AD2d 889 N.Y. App. Div. 1988-06-02 at 890 p. 304