People v. Barbara

Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered February 20, 1980, convicting him of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of marihuana, upon a jury verdict, and sentencing him to concurrent terms of imprisonment of 6 years to life, 6 months, and 15 days upon his respective convictions; and cross appeal by the People, pursuant to GPL 450.20 (subd 4), from the same judgment insofar as defendant received an A-II felony sentence imposed upon his conviction of the A-I felony of criminal sale of a controlled substance in the first degree. Judgment modified, on the law, by vacating the sentence imposed upon the defendant’s conviction of criminal sale of a controlled substance in the first degree, and the matter is remitted to the Supreme Court, Kings County, for the imposition of a proper sentence in accordance herewith. As so modified, judgment affirmed. On the present record, there was no basis for imposing a lesser sentence upon the defendant than that mandated by statute upon his conviction of criminal sale of a controlled substance in the first degree. People v Broadie ( 37 NY2d 100 , cert den 423 US 950 ) is not to the contrary. We have considered the defendant’s contentions and find them to be lacking in merit. Damiani, J.P., Titone, Gulotta and Bracken, JJ., concur.