19 A.D.3d 278 796 N.Y.S.2d 918

The People of the State of New York, Respondent, v George Toogood, Appellant.

[796 NYS2d 918]

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered September 10, 2002, convicting defendant, upon his plea of guilty, of robbery in the second 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 [2001], cert denied 534 US 899 [2001]). Defendant’s mandatoiy sentence was based on his prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Mazzarelli, J.P., Friedman, Nardelli and Williams, JJ.

People v. Toogood
19 A.D.3d 278 796 N.Y.S.2d 918

Case Details

Name
People v. Toogood
Decision Date
Jun 23, 2005
Citations

19 A.D.3d 278

796 N.Y.S.2d 918

Jurisdiction
New York

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