Opinion
Argued November 22, 1983
Decided December 15, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HERBERT I. ALTMAN, J.
Ramsey Clark and Lawrence W. Schilling for appellant.
Robert M. Morgenthau, District Attorney ( William J. Comiskey, Robert M. Pitler, Mark Dwyer and Jerrold L. Neugarten of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Although we agree with the defendant that People v Farrar ( 52 N.Y.2d 302) is not binding on the Appellate Division (see People v Thompson, 60 N.Y.2d 513), the fact remains that a majority at the Appellate Division decided not to grant the defendant any discretionary relief with respect to his sentence. That determination is not subject to further review in this court (see, e.g., People v Discala, 45 N.Y.2d 38; cf. People v Rytel, 284 N.Y. 242).
While I agree that the Appellate Division's determination not to grant defendant any discretionary relief with respect to his sentence is not subject to further review in this court, I do not agree that People v Farrar ( 52 N.Y.2d 302) is not binding on the Appellate Division. (See dissent in People v Thompson, 60 N.Y.2d 513, 522.)
Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Judge JASEN concurs in result only in a separate memorandum.
Order affirmed in a memorandum.