Opinion
January 31, 1977
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 2, 1976, convicting her of manslaughter in the second degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. The fact that the defendant received a harsher sentence than that of her codefendant did not result in a denial to her of the equal protection of the laws (see United States v Murphy, 480 F.2d 256; Lewis v United States 369 F. Supp. 659). It was within the discretion of the trial court to vary the sentences of the defendant and her codefendant, based, as they were, upon different factors contained in the presentence reports of each defendant (see People v Hoppe, 47 A.D.2d 571; People v Junco, 43 A.D.2d 266, affd 35 N.Y.2d 419, cert den 421 U.S. 951). Hopkins, Acting P.J., Martuscello, Cohalan and Damiani, JJ., concur.