People v. Aponte

OPINION OF THE COURT

Richard Lee Price, J.

By motion submitted July 24, 2013, defendant moves to vacate his sentence pursuant to Criminal Procedure Law § 440.20, on the basis that it violates the Eighth Amendment of the United States Constitution. After review of the motion papers, papers on file with the court, and prior court proceedings, defendant’s motion is denied.

I. Background and Procedural History

On March 23, 1983, judgment was entered against the defendant in Supreme Court, Bronx County (Cerbone, J.), convicting him after a jury trial of murder in the second degree (Penal Law § 125.25…