People v. Lopez

People v Lopez (2023 NY Slip Op 03481) People v Lopez 2023 NY Slip Op 03481 Decided on June 28, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on June 28, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department COLLEEN D. DUFFY, J.P. LARA J. GENOVESI DEBORAH A. DOWLING HELEN VOUTSINAS, JJ. 2019-11047 (Ind. No. 1096/19) [*1]The People of the State of New York, respondent, v Antonio Lopez, appellant. Patricia Pazner, New York, NY (Alice R. B. Cullina of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Julian Joiris, and Sawyer White of counsel), for respondent. 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 NY3d 727, 730; People v Seenarine, 206 AD3d 765, 766). In any event, his sentence is constitutional (see People v Rolling, 186 AD3d 1264, 1265; People v Parsley, 150 AD3d 894, 896). DUFFY, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur. ENTER: Maria T. Fasulo Clerk of the Court