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State v. Licea

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2007
44 A.D.3d 690 (N.Y. App. Div. 2007)

Opinion

No. 2004-04546.

October 2, 2007.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Walsh, J.), imposed April 20, 2004, upon his conviction of burglary in the second degree, upon his plea of guilty.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.

Before: Miller, J.P., Skelos, Covello and McCarthy, JJ.


Ordered that the resentence is affirmed.

The defendant's contention that his resentencing as a persistent violent felony offender violated his constitutional rights pursuant to Apprendi v New Jersey ( 530 US 466) is without merit ( see Almendarez-Torres v United States, 523 US 224, 244; Penal Law § 70.08 [a]; People v Adelman, 36 AD3d 926, 928; People v Highsmith, 21 AD3d 1037, 1038-1039; People v Brown, 16 AD3d 430, 431; People v Renna, 13 AD3d 398).


Summaries of

State v. Licea

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2007
44 A.D.3d 690 (N.Y. App. Div. 2007)
Case details for

State v. Licea

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL LICEA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 2, 2007

Citations

44 A.D.3d 690 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7465
841 N.Y.S.2d 894