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PEOPLE v. CROWDER

47 A.D.3d 724 (2008)

848 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN CROWDER, Appellant.

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

Decided January 15, 2008.

Ordered that the resentence is affirmed.

New York's persistent violent felony offender statute, Penal Law § 70.08, pursuant to which the defendant was sentenced, is not unconstitutional (see People v Rivera, 5 N.Y.3d 61 [2005], cert denied 546 U.S. 984 [2005]; People v Rosen, 96 N.Y.2d 329 [2001], cert denied 534 U.S. 899 [2001]; People v Garcia-Lopez, ...

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