PEOPLE v. SMITH (2025)

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

The PEOPLE, etc., respondent, v. Darryl SMITH, appellant.

2023-01948

Decided: October 01, 2025

FRANCESCA E. CONNOLLY, J.P., HELEN VOUTSINAS, LILLIAN WAN, JANICE A. TAYLOR, JJ.

Patricia Pazner, New York, NY (Elisabeth R. Calcaterra of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Danielle M. O'Boyle, and Trevor B. Cannella of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Toni Cimino, J.), rendered February 2, 2023, convicting him of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his sentence as a second felony offender (Penal Law § 70.06) is unconstitutional in light of Erlinger v. United States (602 U.S. 821) is unpreserved for appellate review, as the defendant failed to raise a constitutional challenge before the Supreme Court (see CPL 470.05[2]; People v. Munoz, 237 AD3d 1110, citing People v. Rosen, 96 N.Y.2d 329, 335, People v. Locenitt, 157 AD3d 905, 907–908). We decline to review it in the exercise of our interest of justice jurisdiction (see People v. Bynum, 225 AD3d 781, 781).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

CONNOLLY, J.P., VOUTSINAS, WAN and TAYLOR, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law