NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 26, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DARRYL JONES, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Micki A. Scherer, J. at plea; Edward J. McLaughlin, J. at sentence), entered July 19, 2005, convicting defendant of sodomy in the second degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Catterson, J.P., McGuire, Moskowitz, DeGrasse, Freedman, JJ.
The sentencing court properly exercised its discretion in adjudicating defendant a persistent felony offender, and that adjudication was not unconstitutional (see People v Quinones, 12 NY3d 116 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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