People v. Gernstl

Judgment unanimously affirmed. Memorandum: We are unpersuaded that the sentence is unduly harsh or severe. Upon considering, "among other things, the crime charged, the particular cir*1050cumstances of the individual before the court and the purpose of a penal sanction,” we perceive no abuse of discretion warranting a reduction of the sentence (People v Farrar, 52 NY2d 302, 305).

We have previously indicated that it is inappropriate for the District Attorney to fail to file a brief in opposition to defendant’s arguments and in support of the judgment of conviction unless the appeal is from a…