People v. Blackman
This text of 135 A.D.2d 646 (People v. Blackman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Nassau County (Belfi, J.), imposed January 9, 1986, upon his conviction of criminal sale of a controlled substance in the second degree, upon his plea of guilty, the sentence being an indeterminate term of three years to life imprisonment and $1,000 in restitution.
Ordered that the sentence is affirmed.
The statutory scheme establishing an indeterminate term of three years to life imprisonment for criminal sale of a controlled substance in the second degree is not an unconstitutional limitation on judicial discretion, cruel and unusual punishment or grossly disproportionate to the offense (see, People v Broadie, 37 NY2d 100, cert denied 423 US 950). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.
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Cite This Page — Counsel Stack
135 A.D.2d 646, 522 N.Y.S.2d 222, 1987 N.Y. App. Div. LEXIS 52580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blackman-nyappdiv-1987.