People v Vitarelli
2010 NY Slip Op 07373 [77 AD3d 778]
October 12, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


The People of the State of New York, Respondent,
v
Gerald Vitarelli, Appellant.

—[*1] Stephen J. Pittari, White Plains, N.Y. (John F. Ryan of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr, J.), rendered May 29, 2007, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that his sentence was so disproportionate to the crime as to constitute cruel and unusual punishment is without merit (see People v Clerge, 69 AD3d 955 [2010]; People v Miller, 68 AD3d 1135 [2009]; People v Cruz, 54 AD3d 962, 963 [2008]). Skelos, J.P., Angiolillo, Hall and Lott, JJ., concur.