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PEOPLE v. BELL

No. 214

15 N.Y.3d 935 (2010)

940 N.E.2d 913

915 N.Y.S.2d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEL BELL, Appellant.

Court of Appeals of New York.

Decided December 14, 2010.

Attorney(s) appearing for the Case

Jamel Bell , pro se, and Center for Appellate Litigation, New York City ( Peter Theis and Robert S. Dean of counsel), for Jamel Bell, appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman and Mary C. Farrington of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant challenges his adjudication as a persistent violent felony offender (Penal Law § 70.08), contending that the procedure called for by CPL 400.15 and 400.16 deprives him of his constitutional right to trial by jury. Defendant's argument is barred by Almendarez-Torres v United States (

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