Opinion
10-29-2014
The PEOPLE, etc., respondent, v. Derrick M. BRAXTON, appellant.
Carol Kahn, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
Carol Kahn, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
Opinion
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Greller, J.), imposed March 21, 2013, upon his conviction of criminal possession of a weapon in the second degree, upon his plea of guilty.
ORDERED that the sentence is affirmed.
The defendant's contention that his sentence was improperly enhanced, in violation of his right of association as guaranteed by the First Amendment to the United States Constitution, is unpreserved for appellate review (see People v. Aliano, 116 A.D.3d 874, 875, 983 N.Y.S.2d 735 ; People v. Ocampo, 52 A.D.3d 741, 742, 860 N.Y.S.2d 596 ) and, in any event, without merit.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., HALL, AUSTIN and ROMAN, JJ., concur.