People v. Castro

Summary

The Appellate Division, Second Department affirmed Ruben Castro's judgment of conviction for assault in the second degree following his guilty plea and sentencing as a persistent violent felony offender. The court held that his constitutional challenge based on Erlinger v. United States was unpreserved because it was not raised before the trial court and declined to review it in the interest of justice.

Holdings

1. Defendant's contention that Erlinger v. United States rendered the persistent violent felony offender sentencing regime unconstitutional, and that his sentence was unconstitutional in light of Erlinger, was unpreserved because he failed to raise the constitutional challenge before the Supreme Court.
2. The court declined to review defendant's unpreserved constitutional challenge in the exercise of its interest-of-justice jurisdiction.

Questions Presented

1. Whether defendant's constitutional challenge to New York's persistent violent felony offender sentencing regime and to his sentence was preserved for appellate review.
2. Whether the Appellate Division should review the unpreserved constitutional challenge in the interest of justice.

Disposition

affirmed