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PEOPLE v. YOUNG

Appellate Division of the Supreme Court of New York, Second Department.
Jan 22, 1990
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Ordered that the judgment and the amended judgment are affirmed.

The defendant was sentenced under indictment No. 233/86 to an indeterminate term of imprisonment of 5 to 10 years in connection with his conviction of criminal sale of a controlled substance in the third degree. The defendant was also sentenced under that indictment to one year in prison for the crime of criminal possession of a controlled substance in the seventh degree, to run concurrently with the sentence of 5 to 10 years. These crimes also constituted violations of the conditions of a term of probation which had been imposed upon the defendant's conviction of the crime of burglary in the third degree under indictment No. 298/82. Consequently, the defendant was resentenced under that indictment to a consecutive indeterminate term of imprisonment of 1 to 3 years. The sentences imposed by the court were clearly within statutory limits (see, Penal Law § 140.20, 220.39 Penal, 220.03 Penal, 70.06 Penal [3] [b]; [4] [b]; § 70.00 [2] [d]; [3] [b]; § 70.15 [1] [b]) and were not harsh or excessive.

We have examined the defendant's remaining contentions, including those contained in his letter, which we have treated as a supplemental pro se brief, and find them to be without merit. Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.