People v. Corr, 308 A.D.2d 458 (N.Y. App. Div. 2003). · Go Syfert
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People v. Corr, 308 A.D.2d 458 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: People v. Portalatin (nyappdiv, 2005-05-16)
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discussed Cited as authority (rule) People v. Portalatin
N.Y. App. Div. · 2005 · confidence medium
The defendant’s contentions that his sentencing as a persistent felony offender violated his constitutional rights to notice and a jury trial pursuant to Apprendi v New Jersey ( 530 US 466 [2000]), and that the Supreme Court did not comply with the procedural requirements of Penal Law § 70.10 and CPL 400.20 in adjudicating him a persistent felony offender, are unpreserved for appellate review and, in any event, without merit (see People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]; People v Cruz, 308 AD2d 458, 459 [2003]; People v Hudson, 296 AD2d 510, 511 [2002]).
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The People of the State of New York
v.
Buddy Corr
Appellate Division of the Supreme Court of the State of New York.
Sep 8, 2003.
308 A.D.2d 458
Published

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered December 17, 2001, convicting him of burglary in the third degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Santucci, J.P., Smith, Luciano, Schmidt and Mastro, JJ., concur.