PEOPLE v. MIGLIORE


150 A.D.2d 169 (1989)

The People of the State of New York, Appellant, v. Eucharista Migliore, Respondent

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

May 2, 1989


In sentencing defendant on her first degree drug possession conviction to a prison term of four years to life, the court found that the statute mandating a minimum sentence of 15 years to life (Penal Law §§ 220.21, 60.05 [2]; § 70.00 [2] [a]; [3] [a] [i]) would be unconstitutional as applied. This was error. Contrary to the sentencing court's finding that defendant played merely a passive role as a courier for her husband, the record shows that she was a willing...

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