People v. Jennings

Appellate Division of the Supreme Court of New York

People v. Jennings

18 A.D.3d 348, 794 N.Y.S.2d 903, 2005 N.Y. App. Div. LEXIS 5540

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

DecidedMay 24, 2005

StatusPublished

Cited by2 cases

This text of 18 A.D.3d 348 (People v. Jennings) 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. Jennings, 18 A.D.3d 348, 794 N.Y.S.2d 903, 2005 N.Y. App. Div. LEXIS 5540 (N.Y. Ct. App. 2005).

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Opinion

—Judgment, Supreme [349]*349Court, New York County (Rena K. Uviller, J.), rendered August 6, 2003, convicting defendant, upon his plea of guilty, of four counts of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life, unanimously affirmed.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]). Defendant’s mandatory sentence was based entirely on his prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]).

The arguments raised in defendant’s pro se supplemental brief are unpreserved and unavailing. Concur—Buckley, P.J., Saxe, Ellerin, Nardelli and Williams, JJ.

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—Judgment, Supreme [349]*349Court, New York County (Rena K. Uviller, J.), rendered August 6, 2003, convicting defendant, upon his plea of guilty, of four counts of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life, unanimously affirmed.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]). Defendant’s mandatory sentence was based entirely on his prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]).

The arguments raised in defendant’s pro se supplemental brief are unpreserved and unavailing. Concur—Buckley, P.J., Saxe, Ellerin, Nardelli and Williams, JJ.

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Bluebook (online)

18 A.D.3d 348, 794 N.Y.S.2d 903, 2005 N.Y. App. Div. LEXIS 5540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jennings-nyappdiv-2005.

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