People v. Brown
| Decision Date | 15 May 2001 |
| Citation | 726 N.Y.S.2d 280,284 A.D.2d 406 |
| Parties | (A.D. 2 Dept. 2001) THE PEOPLE, ETC., RESPONDENT, v. NELSON BROWN, APPELLANT. (IND. NO. 640/96) 2000-02603 Argued- |
| Court | New York Supreme Court — Appellate Division |
Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; John Preuss on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Starkey, J.), imposed March 9, 2000, upon remittitur from this court (see, People v Brown, 268 A.D.2d 593).
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the resentencing court complied with the mandates of Penal Law § 70.10(2). The sentencing court adequately set forth on the record the reasons it was of the opinion that the history and character of the defendant and the nature and circumstances of his criminal conduct demonstrated that extended incarceration and lifetime supervision would best serve the public interest (see, People v Corrica, 243 A.D.2d 722; People v Smith, 232 A.D.2d 586; People v Dell'Orfano, 197 A.D.2d 587; People v Gaines, 136 A.D.2d 731, 733).
The defendant's remaining contention is without merit.
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Brown v. Greiner
...that his sentence violated Apprendi, but the Appellate Division dismissed this argument as "without merit." People v. Brown, 284 A.D.2d 406, 726 N.Y.S.2d 280 (2nd Dept.2001). Brown was denied leave to appeal to the New York Court of Appeals on August 2, 2001. People v. Brown, 96 N.Y.2d 916,......