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People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 250 (N.Y. App. Div. 2000)

Opinion

Submitted October 11, 2000.

November 6, 2000.

Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered April 1, 1998, convicting him of criminal possession of a controlled substance in the first degree, upon his plea of guilty, and imposing sentence.

Kevin C. Reilly, Mount Vernon, N.Y. (Raymond E. Kerno of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Karen D. Herbert and Valerie A. Livingston of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that his sentence constituted cruel and unusual punishment is unpreserved for appellate review (see, People v. Bolton, 239 A.D.2d 511; People v. Mateo, 144 A.D.2d 388). In any event, his contention is without merit (see, People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v. Davis, 190 A.D.2d 908).

The defendant's remaining contentions are also unpreserved for appellate review (see, CPL 470.05; People v. Mackey, 77 N.Y.2d 846; People v. Lopez, 71 N.Y.2d 662; People v. Brown, 242 A.D.2d 337).


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 250 (N.Y. App. Div. 2000)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RUBEN DARIO GOMEZ, APPELLANT. (IND. NO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 2000

Citations

277 A.D.2d 250 (N.Y. App. Div. 2000)
716 N.Y.S.2d 875

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