People v. Bedell

Green, J. P. (dissenting).

I dissent. Fourteen years ago, defendant was convicted of murder in the second degree *925(Penal Law § 125.25 [2]) for killing her infant daughter, LaShonda. The trial court imposed the maximum sentence of 25 years to life. This Court affirmed her conviction (see, People v Bedell, 94 AD2d 982), and the Court of Appeals denied leave to appeal (59 NY2d 971).

Defendant moved, pursuant to CPL 440.20 (1), to set aside her sentence on the ground that it is unconstitutionally harsh. Defendant sought imposition of the minimum term permitted by law upon her murder conviction, 15…