The People of the State of New York, Respondent, v. Edwin Lopez, Defendant–Appellant. (2011)

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Edwin Lopez, Defendant–Appellant.

4832

Decided: April 19, 2011

Tom, J.P., Mazzarelli, Acosta, Renwick, Freedman, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered March 3, 2010, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

The procedure by which defendant was adjudicated a persistent violent felony offender is constitutional (People v. Bell, 15 NY3d 935 [2010] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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