PEOPLE v. LOPEZ (2023)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (John G. Ingram, J.), rendered August 29, 2019, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his sentence constitutes cruel and unusual punishment under the State and Federal Constitutions in light of the immigration consequences of his sentence 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. Seenarine, 206 A.D.3d 765, 766, 167 N.Y.S.3d 845).  In any event, his sentence is constitutional (see People v. Rolling, 186 A.D.3d 1264, 1265, 127 N.Y.S.3d 874;  People v. Parsley, 150 A.D.3d 894, 896, 55 N.Y.S.3d 267).

DUFFY, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.