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PEOPLE v. BATTICE

104 A.D.2d 1042 (1984)

The People of the State of New York, Respondent, v. Orin Battice, Appellant

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

October 29, 1984

Sentences affirmed.

Defendant's contention that section 70.02 of the Penal Law, which mandates that a sentence of imprisonment be imposed upon a conviction for a violent felony offense, is unconstitutional because it fails to allow particularized consideration of relevant aspects of the character and record of each defendant has not been preserved for appellate review and is, in any event, meritless (see People v Cates...

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