People v. Messer

Appellate Division of the Supreme Court of New York

People v. Messer

295 A.D.2d 165, 743 N.Y.S.2d 705

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

DecidedJune 13, 2002

StatusPublished

This text of 295 A.D.2d 165 (People v. Messer) 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. Messer, 295 A.D.2d 165, 743 N.Y.S.2d 705 (N.Y. Ct. App. 2002).

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Opinion

—Judgments, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered May 24, 2000, convicting defendant, upon his pleas of guilty, of burglary in the first and second degrees, attempted burglary in the third degree, grand larceny in the fourth degree (seven counts) and menacing in the second degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 20 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, cert denied 534 US 899). Concur—Williams, P.J., Tom, Saxe, Friedman and Marlow, JJ.

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—Judgments, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered May 24, 2000, convicting defendant, upon his pleas of guilty, of burglary in the first and second degrees, attempted burglary in the third degree, grand larceny in the fourth degree (seven counts) and menacing in the second degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 20 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, cert denied 534 US 899). Concur—Williams, P.J., Tom, Saxe, Friedman and Marlow, JJ.

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Bluebook (online)

295 A.D.2d 165, 743 N.Y.S.2d 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-messer-nyappdiv-2002.

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