People v. Lamberto — 151 A.D.2d 503

Majority

p. 503

The People of the State of New York, Respondent, v Jose Lamberto, Appellant.

Appeal by the defendant from a

p. 504

judgment of the County Court, Nassau County (Santagata, J.), rendered February 19, 1988, convicting him of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the first degree, and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that the mandatory sentence for a class A-I felony of a minimum term of 15 to 25 years and a maximum term of life (Penal Law § 70.00) is unconstitutional (see, People v Donovan, 59 NY2d 834 ; People v Jones, 39 NY2d 694 ; People v Broadie, 37 NY2d 100 , cert denied 423 US 950 ; People v Buckmaster, 139 AD2d 659 ; People v Rodriguez, 137 AD2d 635 ; People v Serviss, 137 AD2d 637 ). Further, this is not one of those "rare case[s]” in which the sentence imposed is unconstitutionally harsh as applied (People v Broadie, supra, at 119 ; see, People v Donovan, supra; People v Serviss, supra). Rubin, J. P., Sullivan, Harwood and BaUetta, JJ., concur.

Cases cited

People v. Donovan 59 NY2d 834 N.Y. 1983-06-07 p. 504
People v. Jones 39 NY2d 694 N.Y. 1976-06-08 p. 504
People v. Broadie 37 NY2d 100 N.Y. 1975-06-18 p. 504
People v. Buckmaster 139 AD2d 659 N.Y. App. Div. 1988-04-18 p. 504
People v. Rodriguez 137 AD2d 635 N.Y. App. Div. 1988-02-08 p. 504