People v. Lashley
Opinion of the Court
Appeal by the de
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.E, Miller, McCarthy and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.