Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Xavier Santos, Appellant
292 A.D.2d 197738 N.Y.S.2d 213·New York Supreme Court, Appellate Division·2002·NY
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Opinion
The People of the State of New York, Respondent, v Xavier Santos, Appellant.
[738 NYS2d 213]
[MAJORITY]
Judgment, Supreme Court, New York County (Colleen McMahon, J.), rendered September 12, 1997, convicting defendant, upon his plea of guilty, of attempted burglary 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, cert denied — US —, 122 S Ct 224). Concur — Williams, J.P., Mazzarelli, Andrias, Lerner and Marlow, JJ.