From Casetext: Smarter Legal Research

People v. Mateo

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 388 (N.Y. App. Div. 1988)

Opinion

November 7, 1988

Appeal from the County Court, Nassau County (Harrington, J.).


Ordered that the judgments are affirmed.

The defendant's failure to raise any objection to the constitutionality of the mandatory sentencing standards under Penal Law § 70.00 before the sentencing court precludes appellate review of his challenge thereto (CPL 470.05; People v Rosado, 123 A.D.2d 334, lv denied 68 N.Y.2d 1003). In any event, we find no merit to the defendant's contention that these provisions constitute cruel and inhuman punishment either on their face or as applied (see, People v. Jones, 39 N.Y.2d 694). Moreover, the imposed sentences were the result of negotiated pleas, and as such the defendant cannot now be heard to complain that they were excessive (see, People v. Kazepis, 101 A.D.2d 816). Mollen, P.J., Brown, Kunzeman, Weinstein and Kooper, JJ., concur.


Summaries of

People v. Mateo

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 388 (N.Y. App. Div. 1988)
Case details for

People v. Mateo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN R. MATEO…

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

Date published: Nov 7, 1988

Citations

144 A.D.2d 388 (N.Y. App. Div. 1988)

Citing Cases

People v. Rosario

Ordered that the judgment is modified, on the law, by vacating the sentence imposed for the crime of criminal…

People v. Randall

Ordered that the judgment is affirmed. The defendant's challenge to the constitutional validity of his…