Opinion
02-22-2017
The PEOPLE, etc., respondent, v. Anthony G. HOFMANN, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Forman, J.), imposed December 1, 2015, upon his conviction of criminal sale of a controlled substance in the third degree, upon his plea of guilty, on the ground, inter alia, that the sentence is excessive.
ORDERED that the sentence is affirmed.
The defendant's contention that the sentence he received pursuant to the plea agreement constituted cruel and unusual punishment is unpreserved for appellate review (see CPL 470.05[2] ; People v. Gil, 109 A.D.3d 484, 485, 970 N.Y.S.2d 88 ) and, in any event, without merit (see People v. Jones, 39 N.Y.2d 694, 697, 385 N.Y.S.2d 525, 350 N.E.2d 913 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85–86, 455 N.Y.S.2d 675 ).
CHAMBERS, J.P., HALL, MALTESE and BARROS, JJ., concur.