People v West

2005 NY Slip Op 04987

Decided on June 14, 2005

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2005
No. 145 SSM 12






Submitted by Jan Hoth, for appellant.
Submitted by Morrie I. Kleinbart, for respondent.


MEMORANDUM:[*2]

The order of the Appellate Division should be affirmed. We need not decide whether defendant could raise his Apprendi v New Jersey (530 US 466 [2000]) argument for the first time on a motion to set aside his sentence pursuant to CPL 440.20 in view of the Court's holding that New York's persistent felony offender statute is constitutional (see People v Rivera, __ NY3d __ [decided June 9, 2005]).
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Decided June 14, 2005