Majority
p. 289The People of the State of New York, Respondent, v Lein Figueroa, Appellant. [791 NYS2d 420]
— Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered January 10, 2003, convicting defendant, upon his plea of guilty,
p. 290
of burglary in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 20 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 mandatory sentence was based entirely on his criminal record (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur — Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.
Cases cited
- People v. Rosen 96 NY2d 329 p. 290
- Almendarez-Torres v. United States 523 US 224 p. 290