People v. Brown

Defendant was sentenced to the minimum permissible sentence as a second felony offender (Penal Law, § 70.06) and thus the sentence imposed cannot be considered unduly harsh or excessive so as to constitute an abuse of discretion (see, e.g., People v. Dittmar, 41 A D 2d 788). We find no merit in defendant’s contention that section 70.06 of the Penal Law is unconstitutional in that its minimum sentence requirement constitutes a harsh and excessive sentence and thus cruel *256and unusual punishment because it imposes an increased sentence for second and habitual offenders and removes from the court…