People v. Figueroa
Opinion of the Court
— Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered January 10, 2003, convicting defendant, upon his plea of guilty,
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 [2001], cert denied 534 US 899 [2001]). Defendant’s mandatory sentence was based entirely on his criminal record (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur — Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.