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PEOPLE v. BROWN

83 A.D.2d 639 (1981)

The People of the State of New York, Respondent, v. Ernesto Brown, Appellant

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

July 27, 1981

Resentence and denial of resentence affirmed.

No opinion.

Lazer, J. P., concurs as to the denial of resentence, but otherwise dissents and votes to modify the resentence in issue by reducing it to a period of imprisonment of three years to life, with the following memorandum:

This resentence of five years to life for $285 sale of cocaine to an undercover officer is excessive. The 46-year-old defendant, who held a single job for 11 years...

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