Appellate Division of the Supreme Court of New York, 1989

People v. Brown

People v. Brown
Appellate Division of the Supreme Court of New York · Decided October 23, 1989
154 A.D.2d 610; 546 N.Y.S.2d 438; 1989 N.Y. App. Div. LEXIS 13504
People v. Brown

Opinion of the Court

— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Miller, J.), imposed September 19,1986.

Ordered that the sentence is affirmed.

Our review of the sentencing proceeding reveals that, con*611trary to the defendant’s contention, the court did not increase the sentence because the defendant declined to cooperate with law enforcement authorities on an unrelated matter (cf., People v Patterson, 106 AD2d 520). Rather, the defendant chose to forego an opportunity to receive a more lenient sentence, and the court properly proceeded with the sentencing. The term of incarceration imposed was not unduly harsh or excessive, and we decline to reduce it (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Lawrence, Hooper, Spatt and Harwood, JJ., concur.

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