Public-domain · open source
OpenJurist

159 A.D.2d 363

People v. Martinez

Appellate Division of the Supreme Court of the State of New York · decided 1990-03-22

Cited by 7 later decisions — most recently May 2009

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-22

View the full empirical analysis of this case →

¶1Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered on April 22, 1988, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree and sentencing defendant to an indeterminate prison term of seven years to life, unanimously affirmed.

¶2We 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 sentence. (People v Farrar, 52 NY2d 302, 305.)

¶3Further, 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—Murphy, P. J., Sullivan, Carro, Wallach and Rubin, JJ.

/159/ad2d/363 · .json · Public domain