People v. West

Order, Supreme Court, New York County (John A.K. Bradley, J.), entered October 23, 2003, which granted defendant’s motion, pursuant to CPL 440.20, and vacated his sentence as a persistent felony offender, finding the persistent felony offender statutory scheme unconstitutional, unanimously reversed, on the law, and defendant’s sentence of two concurrent terms of from 15 years to life imprisonment is reinstated.

Defendant was convicted in 1984 of one count of first-degree rape and one count of first-degree sodomy. He was adjudicated, after a hearing, as a persistent felony offender, pursuant to…