PEOPLE v. GLOVER (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), rendered April 5, 2023, convicting him of manslaughter in the first 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, 144 S.Ct. 1840, 219 L.Ed.2d 451) 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. Hollmond, 243 A.D.3d 677, 678, 242 N.Y.S.3d 778;  People v. Smith, 242 A.D.3d 775, 775, 240 N.Y.S.3d 241).  We decline to review it in the exercise of our interest of justice jurisdiction (see People v. Hollmond, 243 A.D.3d at 678, 242 N.Y.S.3d 778;  People v. Munoz, 237 A.D.3d 1110, 1111, 230 N.Y.S.3d 414).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

BRATHWAITE NELSON, J.P., WAN, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.