People v Jones
2009 NY Slip Op 04123 [62 AD3d 599]
May 26, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2009


The People of the State of New York, Respondent,
v
Darryl Jones, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Sheilah Fernandez of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Susan Axelrod of counsel), for respondent.

Judgment, Supreme Court, New York County (Micki A. Scherer, J., at plea; Edward J. McLaughlin, J., at sentence), entered July 19, 2005, convicting defendant of sodomy in the second degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The sentencing court properly exercised its discretion in adjudicating defendant a persistent felony offender, and that adjudication was not unconstitutional (see People v Quinones, 12 NY3d 116 [2009]). Concur—Catterson, J.P., McGuire, Moskowitz, DeGrasse and Freedman, JJ.