People v Espinal

People v Espinal 2007 NY Slip Op 00061 [36 AD3d 428] January 4, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

The People of the State of New York, Respondent,
v
Delvin Espinal, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Joshua F. Magri of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 1, 2004, as amended April 26, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

Defendant's constitutional challenge to the procedure under which he was adjudicated as a second felony offender is without merit (see Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Mazzarelli, J.P., Andrias, Sullivan, Williams and McGuire, JJ.