People v. Donovan

Mollen, P. J.,

dissents and votes to modify the judgment by vacating the sentences and remitting the matter for resentencing, with the following memorandum: Like the majority, I too am “sympathetic to defendant’s argument that the sentences imposed [upon her] * * * are particularly severe and harsh.” I would go further, however, and hold that, under the circumstances of this case, the sentences offend the constitutional proscription against cruel and unusual punishment. It is now settled that, whatever the wisdom and efficacy of the inflexible sentencing structure of this State’s narcotics…