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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CALDWELL, Appellant.

Defendant's challenge to the constitutionality of his persistent violent felony offender adjudication is without merit ( see Almendarez-Torres v United States, 523 US 224; People v Leon, 10 NY3d 122, 126, cert denied 554 US ___, 128 S Ct 2976).

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PEOPLE v. CALDWELL
(Jun 24, 2010)