People v Lopez
2011 NY Slip Op 03120 [83 AD3d 537]
April 19, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent,
v
Edwin Lopez, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered March 3, 2010, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

The procedure by which defendant was adjudicated a persistent violent felony offender is constitutional (People v Bell, 15 NY3d 935 [2010]). Concur—Tom, J.P., Mazzarelli, Acosta, Renwick and Freedman, JJ.