People v Lopez, 2011 NY Slip Op 03120 [83 AD3d 537]

April 19, 2011

Appellate Division, First Department

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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..