From Casetext: Smarter Legal Research

People v. Grivas

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2001
281 A.D.2d 346 (N.Y. App. Div. 2001)

Opinion

March 29, 2001.

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered April 7, 1998, convicting defendant, after a jury trial, of burglary in the second degree (two counts) and possession of burglar's tools, and sentencing him, as a persistent violent felony offender, to two concurrent terms of 16 years to life concurrent with a term of 1 year, unanimously affirmed.

Vincent Rivellese, for respondent.

Sara Bennett, for defendant-appellant.

Before: Sullivan, P.J., Tom, Mazzarelli, Ellerin, Friedman, JJ.


Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record.

The procedure under which defendant was sentenced as a persistent violent felony offender was not unconstitutional (Almendarez-Torres v. United States, 523 U.S. 224; Apprendi v. New Jersey, 530 U.S. 466).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Grivas

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2001
281 A.D.2d 346 (N.Y. App. Div. 2001)
Case details for

People v. Grivas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NICK GRIVAS…

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

Date published: Mar 29, 2001

Citations

281 A.D.2d 346 (N.Y. App. Div. 2001)
722 N.Y.S.2d 163

Citing Cases

The People v. Kevin

Ordered that the resentence is affirmed. New York's persistent violent felony offender statute, Penal Law §…

People v. Rodney

The second and third Pepper factors - reliance on the old standard and the effect of retroactivity on the…