People v. Lashley

Jan 20, 2009
Versions:58 A.D.3d 753
872 N.Y.S.2d 162

Ordered that the order is affirmed.

The defendant‘s contention that the resentencing provisions of the Drug Law Reform Act of 2004 (L 2004, ch 738, §§ 1-41) and the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1) violate her right to equal protection of the laws (NY Const, art I, § 11; US Const 14th Amend) and the constitutional prohibition against cruel and unusual punishment (see NY Const, art I, § 5; US Const 8th Amend) is unpreserved for appellate review because those claims were not raised before the sentencing court on the motion for resentencing (see People v Duke, 40 AD3d 872 [2007]), and we decline to reach them in the exercise of our interest of justice jurisdiction (cf. CPL 470.15 [6] [a]; People v Baumann & Sons Buses, Inc., 6 NY3d 404, 408 [2006]; People v Felix, 58 NY2d 156, 161 [1983]). Skelos, J.P., Miller, McCarthy and Dickerson, JJ., concur.