People v. Harris — 176 A.D.2d 629

Majority

p. 629

The People of the State of New York, Respondent, v Hannah Harris, Appellant.

— Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered on January 12, 1989, convicting defendant, upon a plea of guilty of attempted robbery in the second degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, and sentencing defendant to concurrent terms of imprisonment of 2-Vi to 5 years on the first charge, and 2 to 4 years on the second and third charges, 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 perceive no abuse of discretion warranting a reduction in

p. 630

sentence. (People v Farrar, 52 NY2d 302 , 305.) Further, defendant was sentenced in accordance with her plea bargain and within statutory guidelines. "Having received the benefit of [her] bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889 , 890, lv denied 72 NY2d 918 .) Concur — Sullivan, J. P., Rosenberger, Wallach, Kupferman and Rubin, JJ.

Cases cited

People v. Farrar 52 NY2d 302 N.Y. 1981-03-26 at 305 p. 630
People v. Felman 141 AD2d 889 N.Y. App. Div. 1988-06-02 at 890 p. 630