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PEOPLE v. FIGUEROA

16 A.D.3d 289 (2005)

791 N.Y.S.2d 420

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEIN FIGUEROA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 29, 2005.

Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 N.Y.2d 329 [2001], cert denied 534 U.S. 899 [2001]). Defendant's mandatory sentence was based entirely on his criminal record (see Almendarez-Torres v United States, 523 U.S. 224

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