People v. Matson

Judgment insofar as it imposes sentence unanimously reversed on the law and matter remitted to Supreme Court for resentencing, in accordance with the following Memorandum: We disagree with Supreme Court’s conclusion that imposition of the statutorily-mandated sentence of one to three years in prison would be unconstitutional as applied to defendant. This is not one of those "rare case[s]” in which, considering the nature of the crime and the background and character of the offender, defendant cannot be sentenced to the statutory minimum term (People v Broadie, 37 NY2d 100, 119, cert denied…