PEOPLE v. DiMARTINO


158 A.D.2d 612 (1990)

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

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

February 20, 1990


Ordered that the sentence is affirmed.

The defendant's claim that the imposition of the statutory minimum term of imprisonment was unconstitutional as applied to him is without merit in light of the nature of the offense and the defendant's extensive criminal history.

Further, the Supreme Court did not improvidently exercise its discretion in refusing to waive the mandatory felony surcharge at the time of sentencing (see, People v Cobb,

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