People v. Bradford

The defendant herein pleaded guilty, on July 9, 1974, to the crime of robbery in the second degree, a class C felony, in violation of section 160.10 of the Penal Law. The defendant, who is currently awaiting sentence, now makes a two-pronged attack on the constitutionality of subdivision 3 of section 60.05 of the Penal Law which mandates incarceration for certain enumerated class C felonies, among them second-degree robbery. He contends that subdivision 3 of section 60.05, which precludes the exercise of judicial discretion in specified cases, is unconstitutional because it contravenes: (1)…