| People v Haynes |
| 2012 NY Slip Op 00980 [92 AD3d 695] |
| February 7, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Ronald Haynes, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of
counsel; Daniel Berman on the brief), for respondent.
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 [2008], cert denied 554 US 926 [2008]; People v Winfield, 63 AD3d 969 [2009]; cf. People v Quinones, 12 NY3d 116 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61 [2005], cert denied 546 US 984 [2005]; People v Stevens, 45 AD3d 610 [2007]).
The defendant's remaining contentions are without merit. Skelos, J.P., Dickerson, Hall, Roman and Cohen, JJ., concur.