People v. Thompson

Wallach, J. (dissenting).

We are unanimous in affirming the conviction for criminal sale of a controlled substance in the first degree. Our sole disagreement arises, by reason of the *168People’s cross appeal, upon the issue of the lawful sentence which may be imposed upon this conviction. The sentencing court took the view, adopted by the majority, that this appeal presents the "rare” prosecution, hypothetically referred to in the seminal case of People v Broadie (37 NY2d 100, cert denied 423 US 950, upholding generally the constitutionality of the New York mandatory drug crime sentencing…