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PEOPLE v. DANIELS

5 N.Y.3d 738 (2005)

833 N.E.2d 704

800 N.Y.S.2d 369

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES DANIELS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BYRON ROBINSON, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Andrew C. Fine and Laura R. Johnson of counsel), for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent in the first above-entitled action.

Legal Aid Bureau of Buffalo, Inc., Buffalo (Mary Good, David C. Schopp and Barbara J. Davies of counsel), for appellant in the second above-entitled action.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent in the second above-entitled action.

Mischel Neuman & Horn, P.C., New York City (James E. Neuman of counsel), and Richard D. Willstatter for New York State Association of Criminal Defense Lawyers and another, amici curiae in the first and second above-entitled actions.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed. Defendants seek to have their persistent felony offender sentences (Penal Law § 70.10; CPL 400.20) vacated. In contrast to People v Rivera (5 N.Y.3d 61 [2005]), defendants did not preserve their claims under Apprendi v New Jersey (530 U.S. 466...

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