Opinion
No. 659.
May 26, 2009.
Judgment, Supreme Court, New York County (Micki A. Scherer, J., at plea; Edward J. McLaughlin, J., at sentence), entered July 19, 2005, convicting defendant of sodomy in the second degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Sheilah Fernandez of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Susan Axelrod of counsel), for respondent.
Before: Catterson, J.P., McGuire, Moskowitz, DeGrasse and Freedman, JJ.
The sentencing court properly exercised its discretion in adjudicating defendant a persistent felony offender, and that adjudication was not unconstitutional ( see People v Quinones, 12 NY3d 116).