Opinion
October 10, 1978
Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed November 8, 1976, and amended on November 15, 1976, upon his conviction of criminal possession of a controlled substance in the third degree (a class A-III felony), upon his plea of guilty, the sentence being an indeterminate term of imprisonment with a minimum of one year and a maximum of life. Sentence, as amended, affirmed (see People v Broadie, 37 N.Y.2d 100, cert den 423 U.S. 950; People v Perez, 61 A.D.2d 817). We also note that Carmona v Ward ( 436 F. Supp. 1153), cited by defendant, has been reversed ( 576 F.2d 405). As we have previously pointed out, if there is to be any amelioration of the harshness of the sentences mandated by the present drug laws, it must be accomplished by the Legislature (People v Castillo, 61 A.D.2d 1034; People v Ramirez, 63 A.D.2d 687). Latham, J.P., Suozzi, Gulotta, Shapiro and Cohalan, JJ., concur.