People v. Leon , 339 N.Y.S.2d 927 ( 1972 )

Resentence of the County Court, Rockland County, imposed May 5, 1972, affirmed. We find that section 70.00 (subd. 3, par. [b]) of the Penal Law, under which appellant was sentenced, is not vague, arbitrary or overbroad, or in any other sense unconstitutional. Rabin, P. J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.