In re "Baby Boy" S.

Dec 6, 2005
Versions:24 A.D.3d 161
805 N.Y.S.2d 310

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES PRICE, Appellant. [805 NYS2d 310]—Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered April 28, 2004, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

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 as a persistent violent felony offender was triggered solely by his prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Mazzarelli, J.P., Marlow, Williams, Sweeny and Catterson, JJ.