PEOPLE v. JOHNSON


72 A.D.2d 630 (1979)

The People of the State of New York, Respondent, v. George T. Johnson, Appellant

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

October 18, 1979


The sole issue raised by the defendant is that the sentence as a predicate felon of two and one-half years to five years is unduly harsh and excessive. The defendant in his brief seeks leniency from this court upon the ground that the trial court did not give sufficient consideration to his mental capacity and past record in assessing the penalty. A review of the record clearly indicates that insofar as discretion is concerned the penalty imposed was neither shocking nor...

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