People v. Lopez

12 A.D.3d 296, 784 N.Y.S.2d 857, 2004 N.Y. App. Div. LEXIS 14185

Opinion

Judgment, Supreme Court, Bronx County (Harold Adler, J.), rendered September 9, 2003, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term 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 mandatorily enhanced sentence was based solely on his prior convictions and involved no discretionary component (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Tom, J.P., Ellerin, Williams, Lerner and Catterson, JJ.