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People v. Blackman

135 A.D.2d 646 Court N.Y. App. Div. Decision date 1987-12-14 English

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p. 646
The People of the State of New York, Respondent, v Michael Blackman, Appellant.

— Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Nassau County (Belfi, J.), imposed January 9, 1986, upon his conviction of criminal sale of a controlled substance in the second degree, upon his plea of guilty, the sentence being an indeterminate term of three years to life imprisonment and $1,000 in restitution.

Ordered that the sentence is affirmed.

The statutory scheme establishing an indeterminate term of three years to life imprisonment for criminal sale of a controlled substance in the second degree is not an unconstitutional limitation on judicial discretion, cruel and unusual punishment or grossly disproportionate to the offense (see, People v Broadie, 37 NY2d 100 , cert denied 423 US 950 ). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

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