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People v. Seenarine

Supreme Court, Appellate Division, Second Department, New York.
Jun 8, 2022
167 N.Y.S.3d 845 (N.Y. App. Div. 2022)

Opinion

2017–02771 Ind. No. 6423/14

06-08-2022

The PEOPLE, etc., respondent, v. Anand K. SEENARINE, appellant.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kamephis Perez of counsel), for respondent.


Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kamephis Perez of counsel), for respondent.

HECTOR D. LASALLE, P.J., FRANCESCA E. CONNOLLY, LARA J. GENOVESI, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth Foley, J.), rendered March 31, 2016, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that, in light of the immigration consequences of his sentence, his negotiated sentence of two years of imprisonment followed by two years of postrelease supervision constitutes cruel and unusual punishment under the State and Federal Constitutions. This contention is unpreserved for appellate review (see CPL 470.05[2] ; People v. Pena, 28 N.Y.3d 727, 730, 49 N.Y.S.3d 342, 71 N.E.3d 930 ; People v. Brissett, 196 A.D.3d 642, 642–643, 148 N.Y.S.3d 383 ). In any event, this contention is without merit (see Fong Yue Ting v. United States, 149 U.S. 698, 730, 13 S.Ct. 1016, 37 L.Ed. 905 ; People v. Brissett, 196 A.D.3d at 642–643, 148 N.Y.S.3d 383 ; Marin–Marin v. Sessions, 852 F.3d 192, 194 [2d Cir.] ).

The sentence imposed was not excessive (see CPL 470.15[6][b] ; People v. Janvier, 186 A.D.3d 1247, 1251–1252, 130 N.Y.S.3d 486 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

LASALLE, P.J., CONNOLLY, GENOVESI and FORD, JJ., concur.


Summaries of

People v. Seenarine

Supreme Court, Appellate Division, Second Department, New York.
Jun 8, 2022
167 N.Y.S.3d 845 (N.Y. App. Div. 2022)
Case details for

People v. Seenarine

Case Details

Full title:The PEOPLE, etc., respondent, v. Anand K. SEENARINE, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 8, 2022

Citations

167 N.Y.S.3d 845 (N.Y. App. Div. 2022)

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