People v. West

New York Court of Appeals

People v. West

833 N.E.2d 704, 5 N.Y.3d 740, 800 N.Y.S.2d 369, 2005 N.Y. LEXIS 1251

New York Court of Appeals·Decided June 14, 2005·Published·Cited by 8 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. We need not decide whether defendant could raise his Apprendi v New Jersey (530 US 466 [2000]) argument for the first time on a motion to set aside his sentence pursuant to CPL 440.20 in view of the Court’s holding that New York’s persistent felony offender statute is constitutional (see People v Rivera, 5 NY3d 61 [2005]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. We need not decide whether defendant could raise his Apprendi v New Jersey (530 US 466 [2000]) argument for the first time on a motion to set aside his sentence pursuant to CPL 440.20 in view of the Court’s holding that New York’s persistent felony offender statute is constitutional (see People v Rivera, 5 NY3d 61 [2005]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

People v. West, 833 N.E.2d 704, 5 N.Y.3d 740, 800 N.Y.S.2d 369, 2005 N.Y. LEXIS 1251 (N.Y. 2005).

Pincite

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Opinion

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