People v Brewster, 2020 NY Slip Op 07086 [188 AD3d 1246]
November 25, 2020
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Jason Brewster, Appellant.
Steven A. Feldman, Uniondale, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent on index No. 80/17.
Letitia James, Attorney General, New York, NY (Nikki Kowalski and Andrew W. Amend of counsel), for respondent on S.C.I. No. 229/17.
Appeal by the defendant from two judgments of the County Court, Dutchess County (Peter M. Forman, J.), both rendered September 6, 2017, convicting him of criminal sale of a controlled substance in the first degree under Superior Court information No. 229-2017 and criminal possession of a controlled substance in the second degree under indictment No. 80-2017, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant’s contention that the sentences imposed violated the Eighth Amendment to the United States Constitution and article I, section 5 of the New York Constitution prohibiting cruel and unusual punishment is unpreserved for appellate review ( see People v Pena , 28 NY3d 727 , 730 [2017]; People v Rolling , 186 AD3d 1264 , 1265 [2020]; People v Cerasaro , 179 AD3d 832 [2020]) and, in any event, without merit ( see People v Parsley , 150 AD3d 894 , 896 [2017]). The sentences imposed were not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur..