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PEOPLE v. CAMPBELL

2019-02982. Ind. No. 2343/18.

192 A.D.3d 822 (2021)

139 N.Y.S.3d 863

2021 NY Slip Op 01425

The People of the State of New York, Respondent, v. Gregory Campbell, Appellant.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Mark W. Vorkink and Patty C. Walton of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Michael J. Curtis of counsel), for respondent.

Chambers, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the sentence imposed on his conviction of attempted robbery in the first degree constitutes cruel and unusual punishment because his health conditions make him especially vulnerable to complications from COVID-19, is based on matters dehors the record, and thus, cannot be reviewed on direct appeal (see People v Walker, 189 A.D.3d 1619 [2020]).

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