People v. Catalano

OPINION OF THE COURT

Joseph J asp an, J.

The standard characterized as that of "Justice” is also described as the "equitable, the fair, the theory consistent *437with good conscience” (Cordozo, Paradoxes of Legal Science, p 39).

In People v Jones (39 NY2d 694, 701), Chief Judge Breitel, in a dissenting opinion, wrote that: "While justice and law may not be coextensive, and indeed they are not, a divergence too great is not tolerable or acceptable under constitutional limitations based on due process of law, equal protection of the law, and cruel and unusual punishment. Margin for discrepancy there…