People v. Hayes

139 A.D.3d 754, 29 N.Y.S.3d 195

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 4, 2016
• Docket: 2012-11423
• Status: Published

Opinion

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Blumenfeld, J.), imposed December 17, 2012, as amended December 18, 2012, upon his conviction of robbery in the first degree, the resentence being a term of imprisonment of 20 years to life as a persistent violent felony offender.

Ordered that the resentence is affirmed.

The Supreme Court properly adjudicated the defendant a persistent violent felony offender based on his 1985 conviction of attempted criminal possession of a weapon in the second degree under indictment No. 1103/84 and his 1991 conviction of attempted robbery in the first degree under indictment No. 3334/90 (Penal Law § 70.08 [1] [a]). Contrary to the defendant’s contention, his claim that the court violated CPL 380.20 in sentencing him on his 1991 conviction under indictment No. 3334/90 does not amount to a constitutional challenge to the validity of that prior conviction (see CPL 400.15 [7] [b]; see generally People v Bailey, 132 AD3d 690 [2015]; People v Henry, 80 AD3d 625 [2011]).

The defendant’s remaining contentions, raised in his pro se supplemental brief, are without merit.

Eng, P.J., Hall, Sgroi and Duffy, JJ., concur.