People v. Diaz

Judgment, Supreme Court, New York County (Bonnie Wittner, J), rendered May 23, 2003, 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.

The court properly denied defendant’s applications to withdraw his guilty plea and for reassignment of counsel (see People v Frederick, 45 NY2d 520 [1978]). Although defendant received a sufficient opportunity to present his contentions both in writing and by addressing the court, he did not specify a legal basis for any relief (see e.g. People v Gaskin, 2 AD3d 347 [2003], lv denied 2 NY3d 740 [2004]). The record establishes that defendant’s plea was knowing, intelligent and voluntary and was entered with the effective assistance of counsel (see People v Ford, 86 NY2d 397 , 404 [1995]).

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—Williams, J.P., Marlow, Gonzalez, Sweeny and Catterson, JJ.