PEOPLE v. ZITRENBAUM (2024)

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered March 9, 2022, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal sexual act in the third degree.

ORDERED that the amended judgment is affirmed.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).  The defendant's contention that his sentence violated the Eighth Amendment prohibition against cruel and unusual punishment is unpreserved for appellate review (see People v. Pena, 28 N.Y.3d 727, 730, 49 N.Y.S.3d 342, 71 N.E.3d 930;  People v. Pickett, 222 A.D.3d 886, 886, 202 N.Y.S.3d 263) and, in any event, without merit, as there are no exceptional circumstances here warranting modification of the challenged sentence, which was within the permissible statutory limit (People v. Parsley, 150 A.D.3d 894, 896, 55 N.Y.S.3d 267).

IANNACCI, J.P., MALTESE, WAN and GOLIA, JJ., concur.