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154 A.D.2d 610

People v. Brown

Appellate Division of the Supreme Court of the State of New York · decided 1989-10-23

Decided 1989-10-23

¶1— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Miller, J.), imposed September 19,1986.

¶2Ordered that the sentence is affirmed.

¶3Our review of the sentencing proceeding reveals that, con*611trary to the defendant’s contention, the court did not increase the sentence because the defendant declined to cooperate with law enforcement authorities on an unrelated matter (cf., People v Patterson, 106 AD2d 520). Rather, the defendant chose to forego an opportunity to receive a more lenient sentence, and the court properly proceeded with the sentencing. The term of incarceration imposed was not unduly harsh or excessive, and we decline to reduce it (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Lawrence, Hooper, Spatt and Harwood, JJ., concur.

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