People v. Espinal

36 A.D.3d 428, 825 N.Y.S.2d 644

This text of 36 A.D.3d 428 (People v. Espinal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Espinal, 36 A.D.3d 428, 825 N.Y.S.2d 644 (N.Y. Ct. App. 2007).

Opinion

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 1, 2004, as amended April 26, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

Defendant’s constitutional challenge to the procedure under which he was adjudicated as a second felony offender is without merit (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur — Mazzarelli, J.P, Andrias, Sullivan, Williams and McGuire, JJ.

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Related

Almendarez-Torres v. United States
523 U.S. 224 (Supreme Court, 1998)

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Bluebook (online)
36 A.D.3d 428, 825 N.Y.S.2d 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-espinal-nyappdiv-2007.