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People v. Lamberto

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 503 (N.Y. App. Div. 1989)

Opinion

June 5, 1989

Appeal from the County Court, Nassau County (Santagata, J.).


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 N.Y.2d 834; People v Jones, 39 N.Y.2d 694; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v. Buckmaster, 139 A.D.2d 659; People v. Rodriguez, 137 A.D.2d 635; People v. Serviss, 137 A.D.2d 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 Balletta, JJ., concur.


Summaries of

People v. Lamberto

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 503 (N.Y. App. Div. 1989)
Case details for

People v. Lamberto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE LAMBERTO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 5, 1989

Citations

151 A.D.2d 503 (N.Y. App. Div. 1989)