People v. Marine

Appellate Division of the Supreme Court of New York

People v. Marine

162 A.D.2d 275, 556 N.Y.S.2d 872, 1990 N.Y. App. Div. LEXIS 7403

Appellate Division of the Supreme Court of the State of New York·Decided June 19, 1990·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 6, 1988, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree (Penal Law § 220.41) and sentencing him to an indeterminate term of imprisonment of from five years to life, unanimously affirmed.

Defendant’s negotiated sentence does not violate the Constitution’s prohibition against cruel and unusual punishment, and is not the result of an abuse of discretion by the sentencing court. Defendant was a subordinate, but fully culpable, participant in a sizeable drug-trafficking operation. We therefore find that the sentence imposed by the court, pursuant to the negotiated plea arrangement, was fair (cf., People v Farrar, 52 NY2d 302, 305), and defendant should, accordingly, be bound by its terms. (People v Brito, 154 AD2d 293.) Concur— Kupferman, J. P., Sullivan, Rosenberger, Kassal and Smith, JJ.

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Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 6, 1988, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree (Penal Law § 220.41) and sentencing him to an indeterminate term of imprisonment of from five years to life, unanimously affirmed.

Defendant’s negotiated sentence does not violate the Constitution’s prohibition against cruel and unusual punishment, and is not the result of an abuse of discretion by the sentencing court. Defendant was a subordinate, but fully culpable, participant in a sizeable drug-trafficking operation. We therefore find that the sentence imposed by the court, pursuant to the negotiated plea arrangement, was fair (cf., People v Farrar, 52 NY2d 302, 305), and defendant should, accordingly, be bound by its terms. (People v Brito, 154 AD2d 293.) Concur— Kupferman, J. P., Sullivan, Rosenberger, Kassal and Smith, JJ.

People v. Marine, 162 A.D.2d 275, 556 N.Y.S.2d 872, 1990 N.Y. App. Div. LEXIS 7403 (N.Y. Ct. App. 1990).

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Opinion

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