Opinion
13704 Ind. No. 231/14 Case No. 2019-4539
04-29-2021
The PEOPLE of the State of New York, Respondent, v. Miguel CORTES, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.
Order, Supreme Court, New York County (James M. Burke, J.), entered on or about August 29, 2018, which denied defendant's CPL 440.20 motion to set aside his sentence as a persistent violent felony offender, unanimously affirmed.
Defendant's constitutional challenges to his sentence as a persistent violent felony offender, based on his commission of three burglaries of dwellings (see Penal Law § 140.25[2] ), without the use of any violence, are unavailing ( People v. Corey, 190 A.D.3d 620, 621, 140 N.Y.S.3d 505 [1st Dept. 2021] ). The legislature's selection of felonies to which persistent violent felony offender sentencing applies, and its exclusion of other felonies, has a rational basis (see Chapman v. United States, 500 U.S. 453, 464–465, 111 S.Ct. 1919, 114 L.Ed.2d 524 [1991] ; People v. Walker, 81 N.Y.2d 661, 668, 603 N.Y.S.2d 280, 623 N.E.2d 1 [1993] ).