From Casetext: Smarter Legal Research

People v. Manon

Appellate Division of the Supreme Court of New York, First Department
Jul 2, 1991
175 A.D.2d 15 (N.Y. App. Div. 1991)

Opinion

July 2, 1991

Appeal from the Supreme Court, New York County (Allen Alpert, J.).


Judgment of the same court and Justice, rendered on May 11, 1989, convicting defendant, upon a plea of guilty of operating a motor vehicle while under the influence of alcohol, and sentencing defendant to an indeterminate term of imprisonment of from 1 to 3 years, to be served consecutively to the above sentence, 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 sentence. (People v Farrar, 52 N.Y.2d 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 A.D.2d 889, 890, lv denied 72 N.Y.2d 918.)

Concur — Sullivan, J.P., Carro, Ellerin, Ross and Kassal, JJ.


Summaries of

People v. Manon

Appellate Division of the Supreme Court of New York, First Department
Jul 2, 1991
175 A.D.2d 15 (N.Y. App. Div. 1991)
Case details for

People v. Manon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEOFILIO MANON…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 2, 1991

Citations

175 A.D.2d 15 (N.Y. App. Div. 1991)
571 N.Y.S.2d 487

Citing Cases

People v. Hill

However, this Court may not affirm a suppression decision on a ground that was neither decided adversely to…