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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT HERNANDEZ, Appellant.

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).

The sentencing court could consider the defendant's subsequent arrest, especially where the court expressly conditioned the sentencing promise on defendant's good conduct (People v Farrar, supra, at 306).

Concur — Kupferman, J.P., Ross, Asch, Kassal and Smith, JJ.

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PEOPLE v. HERNANDEZ
(Nov 21, 1989)