People v. Battice

— Appeal by defendant, as limited by his brief, from two sentences of the Supreme Court, Kings *1043County (Bernstein, J.), both imposed November 23, 1982, upon his conviction of criminal possession of a weapon in the second degree and burglary in the second degree, on his pleas of guilty, the sentences being concurrent terms of imprisonment of from 3 to 9 years.

Sentences affirmed.

Defendant’s contention that section 70.02 of the Penal Law, which mandates that a sentence of imprisonment be imposed upon a conviction for a violent felony offense, is unconstitutional because it fails to allow…