People v. McCollum

Appellate Division of the Supreme Court of New York

People v. McCollum

40 A.D.3d 350, 834 N.Y.S.2d 468

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

DecidedMay 15, 2007

StatusPublished

This text of 40 A.D.3d 350 (People v. McCollum) 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. McCollum, 40 A.D.3d 350, 834 N.Y.S.2d 468 (N.Y. Ct. App. 2007).

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Opinion

Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered November 29, 2005, convicting defendant, upon his plea of guilty, of four counts of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

Defendant’s constitutional challenge to his sentence 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 triggered solely by his prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Tom, J.P, Friedman, Sullivan, Buckley and Kavanagh, JJ.

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Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered November 29, 2005, convicting defendant, upon his plea of guilty, of four counts of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

Defendant’s constitutional challenge to his sentence 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 triggered solely by his prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Tom, J.P, Friedman, Sullivan, Buckley and Kavanagh, JJ.

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Bluebook (online)

40 A.D.3d 350, 834 N.Y.S.2d 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccollum-nyappdiv-2007.

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