PEOPLE v. MUNOZ (2025)

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

The PEOPLE, etc., respondent, v. Danny MUNOZ, appellant.

2018-10752, 2018-10753

Decided: April 23, 2025

MARK C. DILLON, J.P., FRANCESCA E. CONNOLLY, CARL J. LANDICINO, JAMES P. MCCORMACK, JJ.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Nicholas Isaacson of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Queens County (Michael Aloise, J.), both rendered July 24, 2018, convicting him of burglary in the second degree (three counts) under Indictment No. 2833/16, and burglary in the second degree (two counts) under Indictment No. 2834/16, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant's contention that his sentences as a persistent violent felony offender (see Penal Law § 70.08) are unconstitutional in light of Erlinger v. United States (602 U.S. 821) is unpreserved for appellate review, as the defendant failed to raise a constitutional challenge before the Supreme Court (see CPL 470.05[2]; People v. Rosen, 96 N.Y.2d 329, 335; People v. Locenitt, 157 AD3d 905, 907–908). We decline to review it in the exercise of our interest of justice jurisdiction (see People v. Bynum, 225 AD3d 781, 781).

DILLON, J.P., CONNOLLY, LANDICINO and MCCORMACK, JJ., concur.

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