Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx County (Nicolas Iacovetta, J.), rendered May 25, 2006, convicting him, upon a plea of guilty, of aggravated unlicensed operation of a motor vehicle, and sentencing him to a fine of $300.

Per Curiam.

Judgment of conviction (Nicolas Iacovetta, J.), rendered May 25, 2006, affirmed.

We are unpersuaded that the sentence imposed - payment of a $300 fine - 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]).

Upon the Court's own motion, the decision and order of this Court entered on March 6, 2008 is hereby recalled and vacated and the above substituted therefor.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 6, 2008