Appellate Division of the Supreme Court of New York, 2002

People v. Conti

People v. Conti
Appellate Division of the Supreme Court of New York · Decided February 14, 2002
291 A.D.2d 275; 737 N.Y.S.2d 286; 2002 N.Y. App. Div. LEXIS 1592
People v. Conti

Opinion of the Court

—Judgment, Supreme Court, New York County (Laura Drager, J., at plea; John Cataldo, J., at sentence), rendered January 12, 1999, convicting defendant of attempted robbery in the first degree, and sentencing him, as a persistent felony offender, to a term of 16 years to life, unanimously affirmed.

*276Defendant’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 —, 122 S Ct 224). Concur — Sullivan, J.P., Rosenberger, Rubin, Friedman and Marlow, JJ.

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