Opinion
2019–04332 Ind. No. 18–00137
09-02-2020
The PEOPLE, etc., respondent, v. Cally GRAHAM, appellant.
Alex Smith, Middletown, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Alex Smith, Middletown, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (William L. DeProspo, J.), imposed April 8, 2019, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). The defendant's contention that the sentence violated the Eighth Amendment prohibition against cruel and unusual punishment is unpreserved for appellate review (see People v. Clerge, 69 A.D.3d 955, 955, 893 N.Y.S.2d 607 ; People v. Tocci, 52 A.D.3d 541, 542, 859 N.Y.S.2d 719 ; People v. Reese, 31 A.D.3d 582, 583, 817 N.Y.S.2d 524 ) and, in any event, without merit, as there are no exceptional circumstances here warranting modification of the sentence, which was within the permissible statutory limit (see People v. Cruz, 54 A.D.3d 962, 963, 864 N.Y.S.2d 137 ; People v. Brathwaite, 263 A.D.2d 89, 92, 703 N.Y.S.2d 191 ).
The defendant's remaining contention is not properly before this Court.
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.