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PEOPLE v. CORTES

Ind. No. 231/14. Appeal No. 13704. Case No. 2019-4539.

193 A.D.3d 659 (2021)

143 N.Y.S.3d 188

2021 NY Slip Op 02613

The People of the State of New York, Respondent, v. Miguel Cortes, Appellant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Brittany N. Francis of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Malancha Chanda of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

Defendant's constitutional challenges to his sentence as a persistent violent felony offender, based on his commission of three burglaries of dwellings (see Penal Law § 140.25[2]), without the use of any violence, are unavailing (People v Corey, 190 A.D.3d 620, 621 [1st Dept 2021]). The legislature's selection of felonies to which persistent violent felony offender sentencing applies, and its exclusion of other felonies...

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