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PEOPLE v. BRANHAM

208 A.D.2d 361 (1994)

616 N.Y.S.2d 968

The People of the State of New York, Respondent, v. Todd Branham, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 4, 1994

Defendant's contention that his sentence is excessive and that it constitutes cruel and unusual punishment is unpreserved for this Court's review (People v Ingram, 67 N.Y.2d 897, 899) and we decline to reach it in the interest of justice. Were we to review defendant's claim, we would find that defendant's HIV positive status does not render his sentence, which is the minimum permitted by statute, unconstitutional or excessive and...

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