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People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2006
33 A.D.3d 490 (N.Y. App. Div. 2006)

Opinion

No. 9325.

October 24, 2006.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered October 8, 2003, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Before: Buckley, P.J., Tom, Saxe, Sullivan and McGuire, JJ.


Defendant's claim that his sentence to the minimum term authorized by law was unconstitutional is unpreserved ( see People v Bundy, 235 AD2d 334, 338, affd 90 NY2d 918), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentence imposed pursuant to defendant's plea agreement is not "grossly disproportionate to the severity of the crime" ( Rummel v Estelle, 445 US 263, 271; People v Broadie, 37 NY2d 100, 110-111, cert denied 423 US 950).


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2006
33 A.D.3d 490 (N.Y. App. Div. 2006)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL PEREZ, Appellant

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

Date published: Oct 24, 2006

Citations

33 A.D.3d 490 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7607
822 N.Y.S.2d 445