# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · September 27, 1976 · 54 A.D.2d 585

URL: https://www.frixlaw.com/law-library/cases/5808989

## Case

- **Full name:** The People of the State of New York v. Tommy E. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 27, 1976
- **Citations:** 54 A.D.2d 585; 387 N.Y.S.2d 158; 1976 N.Y. App. Div. LEXIS 13944
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5808989

## Opinion text

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 8, 1975, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence in accordance with section 70.06 (subd 3, par [cj; subd 4) of the Penal Law. Judgment affirmed. Appellant’s claim that the statute violates his right to equal protection of the law in that it treats second felony offenders more harshly than it does first-time felons is without merit. The constitutionality of second offender provisions has long been established (see People v Wilson, 13 NY2d 277 , app dsmd 377 US 925 ; People v Gowasky, 244 NY 451 ). Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5808989. Public record. Not legal advice.