People v Caldwell

2010 NY Slip Op 05669 [74 AD3d 676]

June 24, 2010

Appellate Division, First Department

As corrected through Wednesday, August 25, 2010

The People of the State of New York,Respondent, v Robert Caldwell, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin ofcounsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), forrespondent.

Judgments, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 24,2008, convicting defendant, upon his pleas of guilty, of attempted robbery in the second degreeand bail jumping in the first degree, and sentencing him, as a persistent violent felony offender,to an aggregate term of 12 years to life, unanimously affirmed.

Defendant's challenge to the constitutionality of his persistent violent felony offenderadjudication is without merit (see Almendarez-Torres v United States, 523 US 224[1998]; People v Leon, 10 NY3d122, 126 [2008], cert denied 554 US —, 128 S Ct 2976 [2008]).Concur—Saxe, J.P., Friedman, Nardelli, Moskowitz and Richter, JJ.