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People v. Arthur

Supreme Court of New York, Second Department
Feb 8, 2023
2023 N.Y. Slip Op. 670 (N.Y. App. Div. 2023)

Opinion

Nos. 2016-10671 2016-10672 Ind. Nos. 10118/14 10581/15

02-08-2023

The People of the State of New York, respondent, v. Keron Arthur, appellant.

Patricia Pazner, New York, NY (Michael Arthus and Anders Nelson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel; Mallory Phelps on the brief), for respondent.


Patricia Pazner, New York, NY (Michael Arthus and Anders Nelson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel; Mallory Phelps on the brief), for respondent.

MARK C. DILLON, J.P. LINDA CHRISTOPHER WILLIAM G. FORD JANICE A. TAYLOR, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Ruth Shillingford, J.), both rendered August 18, 2016, convicting him of burglary in the third degree under Indictment No. 10118/14, and burglary in the third degree and criminal contempt in the second degree under Indictment No. 10581/15, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant contends that the sentences imposed constitute cruel and unusual punishment under the State and Federal Constitutions in light of the immigration consequences of his sentences. This contention is unpreserved for appellate review (see CPL 470.05[2]; People v Pena, 28 N.Y.3d 727, 730; People v Smith, 210 A.D.3d 1018; People v Seenarine, 206 A.D.3d 765, 766) and, in any event, without merit (see Fong Yue Ting v United States, 149 U.S. 698, 730; People v Smith, 210 A.D.3d 1018; People v Seenarine, 206 A.D.3d at 766).

The sentences imposed were not excessive (see People v Suitte, 90 A.D.2d 80).

DILLON, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.


Summaries of

People v. Arthur

Supreme Court of New York, Second Department
Feb 8, 2023
2023 N.Y. Slip Op. 670 (N.Y. App. Div. 2023)
Case details for

People v. Arthur

Case Details

Full title:The People of the State of New York, respondent, v. Keron Arthur…

Court:Supreme Court of New York, Second Department

Date published: Feb 8, 2023

Citations

2023 N.Y. Slip Op. 670 (N.Y. App. Div. 2023)