Legal Opinion
People v. Licea
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2007PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Walsh, J.), imposed April 20, 2004, upon his conviction of burglary in the second degree, upon his plea of guilty.
Ordered that the resentence is affirmed.
The defendant’s contention that his resentencing as a persistent violent felony offender violated his constitutional rights pursuant to Apprendi v New Jersey (530 US 466 [2000]) is without merit (see Almendarez-Torres v United States, 523 US 224, 244 [1998]; Penal Law § 70.08 [1] [a]; People v Adelman, 36 AD3d 926, 928 [2007]; People v Highsmith, 21 AD3d 1037,…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- People v. AdelmanAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HighsmithAppellate Division of the Supreme Court of the State of New York · 2005
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. LiceaAppellate Division of the Supreme Court of the State of New York · 2008