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People v Gonzalez (Aaron)
2014 NY Slip Op 51682(U) [45 Misc 3d 133(A)]
Decided on December 1, 2014
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 1, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
570458/13

The People of the State of New York, Respondent, -

against

Aaron Gonzalez, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Joanne D. Quinones, J. at plea; Erika M. Edwards, J. at sentencing), rendered April 30, 2013, convicting him, upon a plea of guilty, of assault in the third degree, and imposing a split sentence of incarceration and probation.

Per Curiam.

Judgment of conviction (Joanne D. Quinones, J. at plea; Erika M. Edwards, J. at sentencing), rendered April 30, 2013, affirmed.

We are unpersuaded that the 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 (see 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.


I concur I concur I concur


Decision Date: December 01, 2014