On the same date, defendant was resentenced to an indeterminate term of imprisonment with a maximum of three years and a minimum of one year (see Penal Law, § 60.09, subd b, par [i]). Resentence affirmed. We have examined defendant's contentions that, as to him, the sentence imposed herein under section 70.00 of the Penal Law is cruel and inhuman punishment and that section 65.00 (subd 1, par [b]) of the Penal Law violates the separation of powers in that it unconstitutionally...
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