People v. Murray

292 A.D.2d 231, 738 N.Y.S.2d 572, 2002 N.Y. App. Div. LEXIS 2468

Opinion

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 1, 1999, convicting defendant, upon his plea of guilty, of attempted burglary 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, premised upon Apprendi v New Jersey (530 US 466), 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 — US —, 122 S Ct 224). Concur — Mazzarelli, J.P., Andrias, Sullivan, Buckley and Marlow, JJ.