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People v. Jones

May 26, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

6099/03

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 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090526

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