From Casetext: Smarter Legal Research

State v. Reese

Appellate Division of the Supreme Court of New York, Second Department
Jul 11, 2006
31 A.D.3d 582 (N.Y. App. Div. 2006)

Opinion

2005-00589.

July 11, 2006.

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Ferdinand, J.), imposed December 8, 2004, upon his conviction of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty.

Before: Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ.


Ordered that the sentence is affirmed.

The defendant's claim that the sentence imposed constituted cruel and unusual punishment is unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872, lv denied 6 NY3d 780; People v Gomez, 277 AD2d 250, 251; People v Bolton, 239 AD2d 511, 512) and, in any event, is without merit. There are no exceptional circumstances warranting modification of the sentence, which was the statutory minimum and the result of a negotiated plea (see People v Robinson, 156 AD2d 731, 732; People v Buffa, 139 AD2d 751, 751-752; People v Albano, 124 AD2d 739, 740).


Summaries of

State v. Reese

Appellate Division of the Supreme Court of New York, Second Department
Jul 11, 2006
31 A.D.3d 582 (N.Y. App. Div. 2006)
Case details for

State v. Reese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD REESE, Appellant

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

Date published: Jul 11, 2006

Citations

31 A.D.3d 582 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5670
817 N.Y.S.2d 524