People v. Grivas

Appellate Division of the Supreme Court of New York

People v. Grivas

281 A.D.2d 346, 722 N.Y.S.2d 163, 2001 N.Y. App. Div. LEXIS 3137

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 29, 2001

StatusPublished

Cited by5 cases

This text of 281 A.D.2d 346 (People v. Grivas) 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. Grivas, 281 A.D.2d 346, 722 N.Y.S.2d 163, 2001 N.Y. App. Div. LEXIS 3137 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered April 7, 1998, convicting defendant, after a jury trial, of burglary in the second degree (two counts) and possession of burglar’s tools, and sentencing him, as a persistent violent felony offender, to two concurrent terms of 16 years to life concurrent with a term of 1 year, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record.

The procedure under which defendant was sentenced as a persistent violent felony offender was not unconstitutional (Almendarez-Torres v United States, 523 US 224; Apprendi v New Jersey, 530 US 466). Concur — Sullivan, P. J., Tom, Mazzarelli, Ellerin and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered April 7, 1998, convicting defendant, after a jury trial, of burglary in the second degree (two counts) and possession of burglar’s tools, and sentencing him, as a persistent violent felony offender, to two concurrent terms of 16 years to life concurrent with a term of 1 year, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record.

The procedure under which defendant was sentenced as a persistent violent felony offender was not unconstitutional (Almendarez-Torres v United States, 523 US 224; Apprendi v New Jersey, 530 US 466). Concur — Sullivan, P. J., Tom, Mazzarelli, Ellerin and Friedman, JJ.

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Bluebook (online)

281 A.D.2d 346, 722 N.Y.S.2d 163, 2001 N.Y. App. Div. LEXIS 3137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grivas-nyappdiv-2001.

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