Majority
p. 364The People of the State of New York, Respondent, v Julio Martinez, Appellant.
Judgment of the Supreme Court, New York County (Rena Uviller, J.), rendered on March 2, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree and sentencing him to concurrent indeterminate prison terms of from 6 Vi to 13 years and from 3 Vi to 7 years, respectively, is 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
p. 365
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, Iv denied 72 NY2d 918 ). Concur— Sullivan, J. P., Ross, Carro, Milonas and Rosenberger, JJ.
Cases cited
- People v. Farrar 52 NY2d 302 at 305 p. 365
- People v. Felman 141 AD2d 889 at 890 p. 365