PEOPLE v. BRABHAM


104 A.D.2d 1043 (1984)

The People of the State of New York, Respondent, v. Lee Brabham, Appellant

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

October 29, 1984


Judgment affirmed.

The defendant stands convicted of a crime which the Legislature has specifically defined as a violent felony offense (Penal Law, § 70.02, subd 1, par [c]), and does not challenge the adjudication that he is a persistent violent felony offender. Rather, defendant claims that (1) the mandatory sentencing scheme of the persistent violent offender statute is unconstitutional because it prevents the sentencing court from considering a particular...

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