State of New York Supreme Court, Appellate Division Third Judicial Department
May 28, 2009
THE PEOPLE OF THE STATE OF NEW YORK EX REL. DARREN STATON, APPELLANT,
BRUCE YELICH, AS SUPERINTENDENT OF BARE HILL CORRECTIONAL FACILITY, RESPONDENT.
MEMORANDUM AND ORDER
Calendar Date: April 8, 2009
Before: Cardona, P.J., Spain, Kane, Stein and McCarthy, JJ.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered August 14, 2008 in Franklin County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 1994, petitioner was convicted of unlawful imprisonment in the first degree and criminal possession of a weapon in the fourth degree and sentenced as a persistent felony offender to an aggregate prison term of 15 years to life (People v Staton, 235 AD2d 560 , lv denied 89 NY2d 1101 ). Petitioner thereafter commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending that the persistent felony offender sentencing provisions of Penal Law § 70.10 and CPL 400.20 violate his US Constitution 6th Amendment rights. Inasmuch as this argument has been considered and rejected by the Court of Appeals (see People v Rivera, 5 NY3d 61, 68 , cert denied 546 US 984 ; see also People v Gilbo, 52 AD3d 952, 955 , lv denied 11 NY3d 788 ; People v Eberhart, 48 AD3d 898, 899 , lv denied 10 NY3d 958 ; People v Jackson, 46 AD3d 1110, 1111 , lv denied 10 NY3d 766 ), Supreme Court properly denied petitioner the requested relief.
Cardona, P.J., Spain, Kane, Stein and McCarthy, JJ., concur.
ORDERED that the judgment is affirmed, without costs.
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