People v. Rivera

148 A.D.2d 477, 538 N.Y.S.2d 1013, 1989 N.Y. App. Div. LEXIS 2417

This text of 148 A.D.2d 477 (People v. Rivera) 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.

Bluebook
People v. Rivera, 148 A.D.2d 477, 538 N.Y.S.2d 1013, 1989 N.Y. App. Div. LEXIS 2417 (N.Y. Ct. App. 1989).

Opinion

Appeal by the defendant, as [478]*478limited by her brief, from a sentence of the Supreme Court, Suffolk County (Mclnerney, J.), imposed December 21, 1987, upon her conviction of criminal sale of a controlled substance in the second degree, upon her plea of guilty, the sentence being an indeterminate term of 5lá years’ to life imprisonment.

Ordered that the sentence is affirmed.

We find that the sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). Moreover, contrary to the defendant’s contentions, the sentence cannot be said to constitute cruel and unusual punishment (see, People v Donovan, 59 NY2d 834; People v Jones, 39 NY2d 694; People v Broadie, 37 NY2d 100, cert denied 423 US 950). Thompson, J. P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.

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Related

People v. Donovan
451 N.E.2d 492 (New York Court of Appeals, 1983)
People v. Broadie
332 N.E.2d 338 (New York Court of Appeals, 1975)
People v. Jones
350 N.E.2d 913 (New York Court of Appeals, 1976)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)

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Bluebook (online)
148 A.D.2d 477, 538 N.Y.S.2d 1013, 1989 N.Y. App. Div. LEXIS 2417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-nyappdiv-1989.