PEOPLE v. SMITH


25 Misc.3d 606 (2009)

883 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. TERRIEL SMITH, Defendant.

Supreme Court, New York County.

Decided July 29, 2009.


Attorney(s) appearing for the Case

Theodore M. Herlich, New York City, for defendant.

Robert M. Morgenthau, District Attorney, New York City (Linda Ford of counsel), for plaintiff.


OPINION OF THE COURT

RONALD A. ZWEIBEL, J.

Defendant was convicted after a trial by jury of burglary in the first degree (Penal Law § 140.30 [2]), a class B felony offense, and various misdemeanors. The People allege that defendant has two prior nonviolent felony convictions for which he has served respective sentences in excess of one year.

Defendant challenges New York's discretionary persistent felony offender sentencing scheme, citing

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