Opinion
No. 233 SSM 52.
Decided December 14, 2010.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 4, 2010. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Ronald A. Zweibel, J., at pretrial hearing; William A. Wetzel, J., at trial and sentence), which had convicted defendant, upon a jury verdict, of robbery in the first degree and petit larceny, and sentenced him, as a persistent violent felony offender, to an aggregate term of imprisonment of from 20 years to life.
People v Sweeper, 71 AD3d 439, affirmed.
Center for Appellate Litigation, New York City ( Susan H. Salomon and Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Patricia Curran of counsel), for respondent.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed. Supreme Court properly denied defendant's application pursuant to Batson v Kentucky ( 476 US 79). Defendant failed to establish a step one prima facie case of racial discrimination (id. at 94-97; People v Hecker, 15 NY3d 625). Defendant's challenge to the constitutionality of his adjudication as a persistent violent felony offender is barred by Almendarez-Torres v United States ( 523 US 224; see People v Bell, 15 NY3d 935 [decided today]). Defendant's remaining contentions are without merit.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, in a memorandum.