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PEOPLE v. MORGAN

120 A.D.2d 550 (1986)

The People of the State of New York, Respondent, v. James W. Morgan, Appellant

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

May 5, 1986

Sentence affirmed.

We cannot say that the imposition of the statutorily prescribed minimum sentence for the crime of murder in the second degree is, on the facts in this case, grossly disproportionate to the nature of the offense or the character of the offender, as we must before finding it unconstitutionally cruel and unusual (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). The sentencing...

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