People v. Rivera
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 21, 2004, convicting him of assault in the second degree (two counts), criminal possession of a weapon in the third degree, and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the Supreme Court
The defendant’s remaining contention regarding his adjudication as a persistent violent felony offender is unpreserved for appellate review since he failed to raise any objection at sentencing (see People v Daniels, 5 NY3d 738, 740 [2005], cert denied 546 US —, 126 S Ct 573 [2005]; People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]). In any event, it is without merit (see People v Rivera, 5 NY3d 61 [2005], cert denied 546 US —, 126 S Ct 564 [2005]; People v Rosen, supra). Luciano, J.P., Rivera, Lifson and Covello, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.