PEOPLE v. BROWN


46 A.D.2d 255 (1974)

The People of the State of New York, Respondent, v. Laurence W. Brown, Sr., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1974.


Attorney(s) appearing for the Case

Samuel J. Castellino for appellant.

D. Bruce Crew, III, District Attorney (Richard L. Parker of counsel), for respondent.

HERLIHY, P. J., GREENBLOTT, COOKE and MAIN, JJ., concur.


REYNOLDS, J.

Defendant was sentenced to the minimum permissible sentence as a second felony offender (Penal Law, § 70.06) and thus the sentence imposed cannot be considered unduly harsh or excessive so as to constitute an abuse of discretion (see, e.g., People v. Dittmar, 41 A.D.2d 788). We find no merit in defendant's contention that section 70.06 of the Penal Law is unconstitutional in that its minimum...

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