Opinion
No. 756 KA 18-02303
11-15-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MIZZIAH S. MURRAY, DEFENDANT-APPELLANT.
TINA L. HARTWELL, PUBLIC DEFENDER, UTICA (JAMES P. GODEMANN OF COUNSEL), FOR DEFENDANT-APPELLANT. TODD C. CARVILLE, DISTRICT ATTORNEY, UTICA (MICHAEL A. LABELLA, JR., OF COUNSEL), FOR RESPONDENT.
TINA L. HARTWELL, PUBLIC DEFENDER, UTICA (JAMES P. GODEMANN OF COUNSEL), FOR DEFENDANT-APPELLANT.
TODD C. CARVILLE, DISTRICT ATTORNEY, UTICA (MICHAEL A. LABELLA, JR., OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., BANNISTER, MONTOUR, GREENWOOD, AND KEANE, JJ.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered June 15, 2018. The judgment convicted defendant upon a jury verdict of criminal possession of a weapon in the second degree, obstructing governmental administration in the second degree, resisting arrest and bicycle failure to keep right (two counts).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant's contention, we conclude that his sentence is not unduly harsh or severe. Defendant failed to preserve for our review his conclusory contention that the sentence constitutes cruel and unusual punishment (see People v Pena, 28 N.Y.3d 727, 730 [2017]; People v Suprunchik, 208 A.D.3d 1058, 1059 [4th Dept 2022]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; Suprunchik, 208 A.D.3d at 1059).