People v. Soto-Rodriguez

Appellate Division of the Supreme Court of New York

People v. Soto-Rodriguez

184 A.D.2d 970, 585 N.Y.S.2d 591, 1992 N.Y. App. Div. LEXIS 8597

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 25, 1992

StatusPublished

Cited by1 cases

This text of 184 A.D.2d 970 (People v. Soto-Rodriguez) 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.

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People v. Soto-Rodriguez, 184 A.D.2d 970, 585 N.Y.S.2d 591, 1992 N.Y. App. Div. LEXIS 8597 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered September 18, 1990, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the first degree.

[971]*971Contrary to defendant’s contention, the mandatory prison sentence he received of 15 years to life upon his plea of guilty to a class A-l felony does not constitute cruel and unusual punishment in violation of either the State or Federal Constitutions (see, NY Const, art I, § 5; US Const 8th Amend; People v Broadie, 37 NY2d 100, cert denied 423 US 950; People v Miranda, 155 AD2d 901, lv denied 75 NY2d 773). Furthermore, it cannot be said on the particular facts of this case that the statutory sentence (see, Penal Law § 70.00 [2] [a]; [3] [a] [i]) was unconstitutionally applied to defendant (see, People v Broadie, supra). The record shows, inter alia, that the amount of cocaine sold was substantial and that defendant was a willing participant (see, People v Marine, 162 AD2d 275). It should also be noted that the plea was in full satisfaction of a nine-count indictment and that the sentence was part of the negotiated plea (see, People v Moore, 141 AD2d 769).

Mikoll, J. P., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered September 18, 1990, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the first degree.

[971]*971Contrary to defendant’s contention, the mandatory prison sentence he received of 15 years to life upon his plea of guilty to a class A-l felony does not constitute cruel and unusual punishment in violation of either the State or Federal Constitutions (see, NY Const, art I, § 5; US Const 8th Amend; People v Broadie, 37 NY2d 100, cert denied 423 US 950; People v Miranda, 155 AD2d 901, lv denied 75 NY2d 773). Furthermore, it cannot be said on the particular facts of this case that the statutory sentence (see, Penal Law § 70.00 [2] [a]; [3] [a] [i]) was unconstitutionally applied to defendant (see, People v Broadie, supra). The record shows, inter alia, that the amount of cocaine sold was substantial and that defendant was a willing participant (see, People v Marine, 162 AD2d 275). It should also be noted that the plea was in full satisfaction of a nine-count indictment and that the sentence was part of the negotiated plea (see, People v Moore, 141 AD2d 769).

Mikoll, J. P., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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184 A.D.2d 970, 585 N.Y.S.2d 591, 1992 N.Y. App. Div. LEXIS 8597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soto-rodriguez-nyappdiv-1992.

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