People v. Boone

1 Citing case

  1. People v. Thompson

    2022 N.Y. Slip Op. 3289 (N.Y. App. Div. 2022)

    Further, defendant's sentence was well below the maximum permissible sentence for this violent felony (see Penal Law ยงยง 70.06 [6] [b]; 140.25 [1] [b]), and, given his continued course of conduct against the victim, we perceive no extraordinary circumstances or abuse of discretion that would warrant a modification of the sentence in the interest of justice (see People v Grimes, 195 A.D.3d 1245, 1246 [2021]; People v Hockenbury, 190 A.D.3d at 1156-1157; People v Mattucci, 92 A.D.3d at 1030). Finally, defendant's claim that the court relied on improper information when sentencing him is unpreserved as defendant did not object on this ground at sentencing (see People v Tittensor, 197 A.D.3d 1356, 1357 [2021], lvs denied 37 N.Y.3d 1095, 1099 [2021]; People v Boone, 192 A.D.3d 905, 905 [2021], lv denied 37 N.Y.3d 954 [2021]; People v Metellus, 46 A.D.3d 578, 579 [2007], lv denied 10 N.Y.3d 814 [2008]). Egan Jr., J.P., Reynolds Fitzgerald, Fisher and McShan, JJ., concur.