People v. Haynes

Appellate Division of the Supreme Court of New York

People v. Haynes

92 A.D.3d 695, 937 N.Y.2d 891

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 2012·Published·Cited by 2 cases

Opinion

Contrary to the defendant’s contentions, Fenal Law § 70.08, New York’s persistent felony offender statute pursuant to which the defendant was sentenced, is not unconstitutional (see People v Leon, 10 NY3d 122 [2008], cert denied 554 US 926 [2008]; People v Winfield, 63 AD3d 969 [2009]; cf. People v Quinones, 12 NY3d 116 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61 [2005], cert denied 546 US 984 [2005]; People v Stevens, 45 AD3d 610 [2007]).

The defendant’s remaining contentions are without merit. Skelos, J.E, Dickerson, Hall, Roman and Cohen, JJ., concur.

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Contrary to the defendant’s contentions, Fenal Law § 70.08, New York’s persistent felony offender statute pursuant to which the defendant was sentenced, is not unconstitutional (see People v Leon, 10 NY3d 122 [2008], cert denied 554 US 926 [2008]; People v Winfield, 63 AD3d 969 [2009]; cf. People v Quinones, 12 NY3d 116 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61 [2005], cert denied 546 US 984 [2005]; People v Stevens, 45 AD3d 610 [2007]).

The defendant’s remaining contentions are without merit. Skelos, J.E, Dickerson, Hall, Roman and Cohen, JJ., concur.

People v. Haynes, 92 A.D.3d 695, 937 N.Y.2d 891 (N.Y. Ct. App. 2012).

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Opinion

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