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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 635 (N.Y. App. Div. 1988)

Opinion

February 8, 1988

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed. Under the circumstances, he has no basis now to complain that his sentence was excessive (see, People v Kazepis, 101 A.D.2d 816). In any event, the sentence imposed was neither unduly harsh nor excessive and was a proper exercise of the court's discretion.

Although the defendant concedes on appeal that mandatory sentences are constitutional (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950), he contends that Penal Law § 70.00 which mandates an indeterminate minimum sentence of three years for class A-II felonies, is unconstitutional as applied to him. Although the defendant had no prior criminal history, the record reveals that he was a willing participant in the sale of over two ounces of cocaine. We find that the instant case is not the rare case contemplated in People v Broadie (supra). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 635 (N.Y. App. Div. 1988)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADALBERTO RODRIGUEZ…

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

Date published: Feb 8, 1988

Citations

137 A.D.2d 635 (N.Y. App. Div. 1988)

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