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People v. Rosado

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1989
146 A.D.2d 720 (N.Y. App. Div. 1989)

Opinion

January 23, 1989

Appeal from the Supreme Court, Westchester County (Delaney, J.).


Ordered that the judgment is affirmed.

The defendant's argument that his treatment as a second felony offender (see, Penal Law § 70.06) resulted in the imposition of a sentence which constitutes cruel and unusual punishment in violation of the Eighth Amendment of the US Constitution is not preserved for appellate review (see, People v Oliver, 63 N.Y.2d 973, 975; People v Navas, 114 A.D.2d 425). This argument is, in any event, without merit. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Rosado

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1989
146 A.D.2d 720 (N.Y. App. Div. 1989)
Case details for

People v. Rosado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSVALDO ROSADO…

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

Date published: Jan 23, 1989

Citations

146 A.D.2d 720 (N.Y. App. Div. 1989)