Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx County (George Villegas, J. at plea; John N. Byrne, J. at sentencing), rendered July 12, 2005, convicting him, upon a plea of guilty, of assault in the third degree, and sentencing him to three years probation.

PER CURIAM:

Judgment of conviction (George Villegas, J. at plea; John N. Byrne, J. at sentencing), rendered July 12, 2005, affirmed.

We are unpersuaded that the probationary sentence imposed was unduly harsh or severe. Taking into account, "among other things, the [offense] 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 [1981]).

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 [1988], lv denied, 72 NY2d 918 [1988].)

This Constitutes the Decision and Order of the Court.
Decision Date: February 22, 2008