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PEOPLE v. CALDWELL

3143, 3143A 6263/97, 7409/01.

74 A.D.3d 676 (2010)

902 N.Y.S.2d 364

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CALDWELL, Appellant.

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

Decided June 24, 2010.

Defendant's challenge to the constitutionality of his persistent violent felony offender adjudication is without merit (see Almendarez-Torres v United States, 523 U.S. 224 [1998]; People v Leon, 10 N.Y.3d 122, 126 [2008], cert denied 554 US ___, 128 S.Ct. 2976

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