People v. Eason

The principal issue is whether paragraph "b” of subdivision 1 of section 65.00 of the Penal Law, in requiring the recommendation of the prosecution prior to the judicial imposition of any minimum sentence of probation upon a convicted class A-III felon, is violative of the constitutional doctrines of separation of powers, due process or equal protection of the laws. We conclude that the statute passes constitutional muster.

Section 65.00 (subd 1, par [b]) of the Penal Law in pertinent part, provides:

"The court * * * may sentence a person to a period of probation upon conviction of a class…