People v. Pimentel

290 A.D.2d 386, 737 N.Y.S.2d 273, 2002 N.Y. App. Div. LEXIS 878

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 31, 2002
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 19, 1999, convicting defendant, upon his plea of guilty, of attempted burglary in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 16 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 —, 122 S Ct 224). Concur — Tom, J.P., Sullivan, Rosenberger, Wallach and Buckley, JJ.