Opinion
July 13, 1993
Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).
Our holdings are legion that absent an error of law, an intermediate appellate court is powerless to disturb a probationary sentence imposed by a sentencing court pursuant to Penal Law § 70.02 (2) (c) (i) (CPL 450.30; People v. Peters, 191 A.D.2d 329; People v. Washington, 175 A.D.2d 732, lv denied 78 N.Y.2d 1082; People v. Matthews, 176 A.D.2d 627, lv denied 79 N.Y.2d 829; People v. Williams, 164 A.D.2d 1, 7-8, mod on other grounds 79 N.Y.2d 281). Notwithstanding the People's arguments to the contrary, no error of law was committed here where the record demonstrates that the sentencing court gave appropriate consideration to the nature and circumstances of defendant's crime as well as defendant's character and history in finding that a prison sentence would be unduly harsh.
Concur — Milonas, J.P., Ellerin, Asch and Kassal, JJ.
I concur in result only. Although I disagree with the sentence imposed by the Trial Justice, I do not find it to be an abuse of discretion.