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PEOPLE v. DUDLEY

59 A.D.3d 200 (2009)

873 N.Y.S.2d 42

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARVEY DUDLEY, Appellant.

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

Decided February 10, 2009.

Following this Court's modification of defendant's original judgment convicting him of murder (31 A.D.3d 264 [2006], lv denied 7 N.Y.3d 866 [2006]), Supreme Court adjudicated him a persistent felony offender. This adjudication was a proper exercise of the court's discretion, and was neither unconstitutional nor defective under state law.

The adjudication procedure did not violate Apprendi v New Jersey (

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