People v. Hofmann

Appellate Division of the Supreme Court of New York

People v. Hofmann

2017 NY Slip Op 1385, 147 A.D.3d 1083, 46 N.Y.S.3d 899

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 22, 2017

Docket2016-00036

StatusPublished

This text of 2017 NY Slip Op 1385 (People v. Hofmann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hofmann, 2017 NY Slip Op 1385, 147 A.D.3d 1083, 46 N.Y.S.3d 899 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Forman, J.), imposed December 1, 2015, upon his conviction of criminal sale of a controlled substance in the third degree, upon his plea of guilty, on the ground, inter alia, that the sentence is excessive.

Ordered that the sentence is affirmed.

The defendant’s contention that the sentence he received pursuant to the plea agreement constituted cruel and unusual punishment is unpreserved for appellate review (see CPL 470.05 [2]; People v Gil, 109 AD3d 484, 485 [2013]) and, in any event, without merit (see People v Jones, 39 NY2d 694, 697 [1976]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86 [1982]).

Chambers, J.P., Hall, Maltese and Barros, JJ., concur.

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