# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · July 27, 1981 · 83 A.D.2d 639

URL: https://www.frixlaw.com/law-library/cases/5848665

## Case

- **Full name:** The People of the State of New York v. Ernesto Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 27, 1981
- **Citations:** 83 A.D.2d 639; 441 N.Y.S.2d 815; 1981 N.Y. App. Div. LEXIS 14930
- **Precedential status:** Published
- **Opinion:** Concurrence by Lazer
- **Judges:** Lazer
- **Cited by:** 0 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/5848665

## Opinion text

Lazer, J. P.,
concurs as to the denial of resentence, but otherwise dissents and votes to modify the resentence in issue by reducing it to a period of imprisonment of three years to life, with the following memorandum: This resentence of five years to life for $285 sale of cocaine to an undercover officer is excessive. The 46-year-old defendant, who held a single job for 11 years before discharge for poor attendance, is scarcely a hardened criminal. The resentence is neither consonant with others imposed on more serious drug offenders nor appropriate to the charge or the defendant’s circumstances. Therefore, I would reduce it to three years to life.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5848665. Public record. Not legal advice.