Order affirmed.
Prior to the sentencing of the defendant upon his conviction, after a plea of guilty to criminal sale of a controlled substance in the third degree, the court handed to both counsel a sentencing memorandum which set forth the court's belief that the statutory minimum sentence for that drug-related class B felony (Penal Law, § 70.00, subd 3, par [b]) constituted cruel and unusual punishment as to defendant. The memorandum developed at length the...
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