People v. Ward

Appellate Division of the Supreme Court of New York

People v. Ward

57 A.D.2d 967, 395 N.Y.S.2d 72, 1977 N.Y. App. Div. LEXIS 12253

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

DecidedMay 31, 1977

StatusPublished

This text of 57 A.D.2d 967 (People v. Ward) 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. Ward, 57 A.D.2d 967, 395 N.Y.S.2d 72, 1977 N.Y. App. Div. LEXIS 12253 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed January 28, 1975, upon his conviction of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39), upon his plea of guilty, the sentence being a term of imprisonment with a minimum of one year and a maximum of life. Sentence affirmed. Defendant-appellant, who is now on parole, attacks his sentence, which section 70.00 of the Penal Law mandates to be from one year to life, with the concomitant of life parole, as being violative of the ban on cruel and unusual punishment in the Eighth Amendment to the Federal Constitution and section 5 of article I of the New York State Constitution. We find no merit in his contention (see People v Broadie, 37 NY2d 100, cert den 423 US 950). Cohalan, J. P., Damiani, Rabin and Titone, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed January 28, 1975, upon his conviction of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39), upon his plea of guilty, the sentence being a term of imprisonment with a minimum of one year and a maximum of life. Sentence affirmed. Defendant-appellant, who is now on parole, attacks his sentence, which section 70.00 of the Penal Law mandates to be from one year to life, with the concomitant of life parole, as being violative of the ban on cruel and unusual punishment in the Eighth Amendment to the Federal Constitution and section 5 of article I of the New York State Constitution. We find no merit in his contention (see People v Broadie, 37 NY2d 100, cert den 423 US 950). Cohalan, J. P., Damiani, Rabin and Titone, JJ., concur.

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Bluebook (online)

57 A.D.2d 967, 395 N.Y.S.2d 72, 1977 N.Y. App. Div. LEXIS 12253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ward-nyappdiv-1977.

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