People v. Taylor — 288 A.D.2d 939

Majority

p. 939

The People of the State of New York, Respondent, v James W. Taylor, Appellant.

[732 NYS2d 202]

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contentions that the sentence imposed constitutes cruel and unusual punishment (see, People v Thompson, 83 NY2d 477 , 482-485; People v Broadie, 37 NY2d 100 , 117, cert denied 423 US 950 ; People v Brown, 245 AD2d 1098 ) and is unduly harsh

p. 940

or severe (see, People v Kidd, 265 AD2d 859 , 860, Iv denied 94 NY2d 824 ). Also contrary to defendant’s contention, the verdict is not against the weight of the evidence on the issue of defendant’s identity (see, People v Owens, 275 AD2d 905 , 906, Iv denied 95 NY2d 937 , 939; see generally, People v Bleakley, 69 NY2d 490 , 495). (Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Pine, J. P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.

Cases cited

People v. Thompson 83 NY2d 477 N.Y. 1994-03-30 at 482-485 p. 939
People v. Broadie 37 NY2d 100 N.Y. 1975-06-18 at 117 p. 939
People v. Kidd 265 AD2d 859 N.Y. App. Div. 1999-10-01 at 860 p. 940
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 940