People v Licea

2007 NY Slip Op 07465 [44 AD3d 690]

October 2, 2007

Appellate Division, Second Department

As corrected through Wednesday, December 12, 2007

82—The People of the State of New York,Respondent, v Noel Licea, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Walsh, J.),imposed April 20, 2004, upon his conviction of burglary in the second degree, upon his plea ofguilty.

Ordered that the resentence is affirmed.

The defendant's contention that his resentencing as a persistent violent felony offenderviolated his constitutional rights pursuant to Apprendi v New Jersey (530 US 466 [2000])is without merit (see Almendarez-Torres v United States, 523 US 224, 244 [1998]; PenalLaw § 70.08 [1] [a]; People vAdelman, 36 AD3d 926, 928 [2007]; People v Highsmith, 21 AD3d 1037, 1038-1039 [2005]; People v Brown, 16 AD3d 430,431 [2005]; People v Renna, 13AD3d 398 [2004]). Miller, J.P., Skelos, Covello and McCarthy, JJ., concur.