Opinion
2012-02-7
The PEOPLE, etc., respondent, v. Ronald HAYNES, appellant.
Ronald Haynes, Napanoch, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Daniel Berman on the brief), for respondent.
Ronald Haynes, Napanoch, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Daniel Berman on the brief), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Del Giudice, J.), entered March 3, 2011, which denied, without a hearing, his motion, in effect, pursuant to CPL 440.20 to set aside a sentence of the same court imposed May 13, 2004, upon his conviction of criminal possession of a weapon in the third degree, upon his plea of guilty.
ORDERED that the order is affirmed.
Contrary to the defendant's contentions, Penal Law § 70.08, New York's persistent felony offender statute pursuant to which the defendant was sentenced, is not unconstitutional ( see People v. Leon, 10 N.Y.3d 122, 855 N.Y.S.2d 38, 884 N.E.2d 1037, cert. denied 554 U.S. 926, 128 S.Ct. 2976, 171 L.Ed.2d 900; People v. Winfield, 63 A.D.3d 969, 880 N.Y.S.2d 548; cf. People v. Quinones, 12 N.Y.3d 116, 879 N.Y.S.2d 1, 906 N.E.2d 1033, cert. denied ––– U.S. ––––, 130 S.Ct. 104, 175 L.Ed.2d 31; People v. Rivera, 5 N.Y.3d 61, 800 N.Y.S.2d 51, 833 N.E.2d 194, cert. denied 546 U.S. 984, 126 S.Ct. 564, 163 L.Ed.2d 473; People v. Stevens, 45 A.D.3d 610, 845 N.Y.S.2d 114).
The defendant's remaining contentions are without merit.