People v. Frangiamone

Appeal by the People from an order of the Supreme Court, Queens County (Hentel, J.), dated December 3, 1982, which denied their motion pursuant to CPL 440.40 to set aside a sentence imposed on June 25, 1982. Order affirmed. Prior to the sentencing of the defendant upon his conviction, after a plea of guilty to criminal sale of a controlled substance in the third degree, the court handed to both counsel a sentencing memorandum which set forth the court’s belief that the statutory minimum sentence for that drug-related class B felony (Penal Law, § 70.00, subd 3, par [b]) constituted cruel and…