¶1concurs as to the denial of resentence, but otherwise dissents and votes to modify the resentence in issue by reducing it to a period of imprisonment of three years to life, with the following memorandum: This resentence of five years to life for $285 sale of cocaine to an undercover officer is excessive. The 46-year-old defendant, who held a single job for 11 years before discharge for poor attendance, is scarcely a hardened criminal. The resentence is neither consonant with others imposed on more serious drug offenders nor appropriate to the charge or the defendant’s circumstances. Therefore, I would reduce it to three years to life.
83 A.D.2d 639
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided July 27, 1981
Appellate Division of the Supreme Court of the State of New York · decided 1981-07-27
Decided 1981-07-27