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PEOPLE v. SMITH

2018-12451. Ind. No. 5526/18.

210 A.D.3d 1018 (2022)

176 N.Y.S.3d 918

2022 NY Slip Op 06724

The People of the State of New York, Respondent, v. Sean Smith, Appellant.

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

Decided November 23, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Michael Arthus of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Michael Bierce of counsel; Marielle Burnett on the brief), for respondent.

Barros, J.P., Miller, Dowling and Warhit, JJ., concur.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (William Miller, J.), rendered September 7, 2018, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his negotiated sentence of an indeterminate term of imprisonment of one to three years constitutes cruel and unusual punishment...

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