Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Francis Conti, Appellant
299 A.D.2d 287749 N.Y.S.2d 719·New York Supreme Court, Appellate Division·2002·NY
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Opinion
The People of the State of New York, Respondent, v Francis Conti, Appellant.
[749 NYS2d 719]
[MAJORITY]
Judgment, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), rendered December 10, 1998, convicting defendant, after a plea of guilty, of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 16 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 534 US 899). Concur — Nardelli, J.P., Andrias, Buckley, Sullivan and Friedman, JJ.