The People, etc., respondent, v. Ronald Haynes, appellant. (2012)

Submitted—Janaury 18, 2012

DECISION & ORDER

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Del Giudice, J.), entered March 3, 2011, which denied, without a hearing, his motion, in effect, pursuant to CPL 440.20 to set aside a sentence of the same court imposed May 13, 2004, upon his conviction of criminal possession of a weapon in the third degree, upon his plea of guilty.

ORDERED that the order is affirmed.

Contrary to the defendant's contentions, Penal Law § 70.08, New York's persistent felony offender statute pursuant to which the defendant was sentenced, is not unconstitutional (see People v. Leon, 10 NY3d 122, cert denied 554 U.S. 926;  People v. Winfield, 63 AD3d 969;  cf.  People v. Quinones, 12 NY3d 116, cert denied US, 130 S Ct 104;  People v. Rivera, 5 NY3d 61, cert denied 546 U.S. 984;  People v. Stevens, 45 AD3d 610).

The defendant's remaining contentions are without merit.

SKELOS, J.P., DICKERSON, HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court