People v. Branham

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered September 11, 1992, which convicted defendant, after a jury trial, of robbery in the second degree and sentenced him, as a persistent violent felony offender, to a term of 8 years to life, unanimously affirmed.

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 NY2d 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…