People v. Brown

154 A.D.2d 610, 546 N.Y.S.2d 438, 1989 N.Y. App. Div. LEXIS 13504

Opinion

— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Miller, J.), imposed September 19,1986.

Ordered that the sentence is affirmed.

Our review of the sentencing proceeding reveals that, contrary to the defendant’s contention, the court did not increase the sentence because the defendant declined to cooperate with law enforcement authorities on an unrelated matter (cf., People v Patterson, 106 AD2d 520). Rather, the defendant chose to forego an opportunity to receive a more lenient sentence, and the court properly proceeded with the sentencing. The term of incarceration imposed was not unduly harsh or excessive, and we decline to reduce it (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Lawrence, Hooper, Spatt and Harwood, JJ., concur.