Opinion
No. 1006.
July 2, 2009.
Judgment, Supreme Court, New York County (James A. Yates, J.), rendered February 22, 2007, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (David P. Stromes of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Mazzarelli, Andrias and Saxe, JJ.
Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is without merit ( see Almendarez-Torres v United States, 523 US 224). Concur.