People v. Santos

292 A.D.2d 197, 738 N.Y.S.2d 213, 2002 N.Y. App. Div. LEXIS 2317

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 7, 2002
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Colleen McMahon, J.), rendered September 12, 1997, 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 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 — Williams, J.P., Mazzarelli, Andrias, Lerner and Marlow, JJ.