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People v. Fitzpatrick

50 A.D.2d 666 Court N.Y. App. Div. Decision date 1975-11-20 English

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p. 666
The People of the State of New York, Respondent, v William James Fitzpatrick, Appellant.

— Appeal from a judgment of the County Court, Chemung County, rendered March 7, 1975, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree (Penal Law, § 220.09, subd 10) and sentencing him to a term of not less than three years nor more than six years. The sentence imposed pursuant to section 70.06 of the Penal Law was not

p. 667
unconstitutional (People v Brown, 46 AD2d 255 ). Nor is there any merit in defendant’s additional contentions. Judgment affirmed. Greenblott, J. P., Sweeney, Koreman, Main and Reynolds, JJ., concur.

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