People v. Caver
This text of 74 A.D.2d 852 (People v. Caver) 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 defendant from a judgment of the County Court, Nassau County, rendered May 1, 1979, convicting him of attempted robbery in the second degree, upon a plea of guilty, and sentencing him to an indeterminate term of imprisonment with a maximum of three years. Judgment affirmed. We have reviewed defendant’s contention that section [853]*85370.02 of the Penal Law violates the Constitutions of New York and the United States in that it imposes cruel and unusual punishment and abrogates the separation of legislative and judicial powers, and find this contention to be without merit (see People v Broadie, 37 NY2d 100, cert den 423 US 950; People v Eason, 40 NY2d 297). Hopkins, J. P., Mangano, Gibbons and Rabin, JJ., concur.
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Cite This Page — Counsel Stack
74 A.D.2d 852, 425 N.Y.S.2d 381, 1980 N.Y. App. Div. LEXIS 10621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caver-nyappdiv-1980.