People ex rel. Austin v. Henderson

Judgment unanimously affirmed. Memorandum: Relator is presently incarcerated in Auburn Correctional Facility pursuant to an indeterminate sentence of three years to life imprisonment for the crime of criminally selling a controlled substance, third degree. In this habeas corpus proceeding he contends that the sentence is excessive and cruel and inhuman because he should have been sentenced to a drug rehabilitation center. The sentence is proper under the mandatory provisions of the statute (Penal Law, § 70.00, subd 3, par [a]) and the statute is constitutional (People v Broadie, 37 NY2d 100).…