People v. Reddick — 1 A.D.2d 385

Majority

p. 385

The People of the State of New York, Respondent, v Michael Reddick, Appellant.

[766 NYS2d 864]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered November 28, 2001, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]; People v Mitchell, 298 AD2d 602 [2002]; People v Hegdal, 266 AD2d 472 , 473 [1999]; People v Wilder, 253 AD2d 472 [1998]).

The defendant’s constitutional challenge to his adjudication 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 , 335 [2001], cert denied 534 US 899 [2001]; People v Messer, 305 AD2d 260 , 261 [2003], lv denied 100 NY2d 584 [2003]; People v Lebron, 293 AD2d 689 , 690 [2002]; People v Rice, 285 AD2d 617 [2001]). Altman, J.E, Smith, Friedmann and Crane, JJ., concur.

Cases cited

People v. Sandoval 34 NY2d 371 N.Y. 1974-06-19 p. 385
People v. Mitchell 298 AD2d 602 N.Y. App. Div. 2002-10-28 p. 385
People v. Hegdal 266 AD2d 472 N.Y. App. Div. 1999-11-22 at 473 p. 385
People v. Rosen 96 NY2d 329 N.Y. 2001-04-03 at 335 p. 385
People v. Rice 285 AD2d 617 N.Y. App. Div. 2001-07-23 p. 385