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People v. Toogood

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2005
19 A.D.3d 278 (N.Y. App. Div. 2005)

Opinion

6411, M-2340.

June 23, 2005.

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered September 10, 2002, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Bree Schonbrun of counsel), for respondent.

Before: Mazzarelli, J.P., Friedman, Nardelli and Williams, JJ.


Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit ( see People v. Rosen, 96 NY2d 329, cert denied 534 US 899). Defendant's mandatory sentence was based on his prior convictions ( see Almendarez-Torres v. United States, 523 US 224).


Summaries of

People v. Toogood

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2005
19 A.D.3d 278 (N.Y. App. Div. 2005)
Case details for

People v. Toogood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE TOOGOOD…

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

Date published: Jun 23, 2005

Citations

19 A.D.3d 278 (N.Y. App. Div. 2005)
796 N.Y.S.2d 918