NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
July 2, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MORRIS LASALLE, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (James A. Yates, J.), rendered February 22, 2007, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 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.
Gonzalez, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.
Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is without merit (see Almendarez-Torres v United States, 523 US 224 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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