People v. Farr

This matter has come before this court upon defendant’s motion to have certain provisions of subdivision 8 of section 212 of the Correction Law declared unconstitutional.

*251The court is ¡aware of ¡the alternative method of prospectively determining the validity of statutes by means of declaratory judgment1; however, the court feels that the provisions of subdivision 8 of section .212 of the Correction Law relate directly to sentencing and that all phases of sentencing are within this court’s jurisdiction. Moreover, to not proceed to render a decision on this motion, ample notice having been…