People v. Cerasaro
Decision Date | 15 January 2020 |
Docket Number | S.C.I. Nos. 80/07, 209/15,2015–11989,2015–11990 |
Parties | The PEOPLE, etc., Respondent, v. Michael CERASARO, Appellant. |
Court | New York Supreme Court — Appellate Division |
Arza Feldman, Manhasset, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
ORDERED that the judgment and the amended judgment are affirmed.
The defendant's contention that the sentences imposed violated the Eighth Amendment prohibition against cruel and unusual punishment is unpreserved for appellate review (see People v. Pena, 28 N.Y.3d 727, 730, 49 N.Y.S.3d 342, 71 N.E.3d 930 ; People v. Hassan, 172 A.D.3d 744, 745, 97 N.Y.S.3d 494 ) and, in any event, without merit (see People v. Parsley, 150 A.D.3d 894, 896, 55 N.Y.S.3d 267 ; People v. Miller, 74 A.D.3d 1097, 1097, 903 N.Y.S.2d 131 ). The sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
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