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Floyd v. Kelly

154 A.D.2d 919 Court N.Y. App. Div. Decision date 1989-10-06 English

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p. 919
In the Matter of Charles Floyd, Appellant, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum:

p. 920
Petitioner’s claim that the penalty imposed was excessive, raised for the first time on appeal, is not properly before this court (see, Matter of Bones v Kelly, 122 AD2d 593 ; Matter of Gaines v Kelly, 117 AD2d 1002 ). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Dillon, P. J., Callahan, Boomer, Lawton and Davis, JJ.