Appellate Division of the Supreme Court of the State of New York February 7, 2012 (People v. Haynes)

Contrary to the defendant’s contentions, Fenal Law § 70.08, New York’s persistent felony offender statute pursuant to which the defendant was sentenced, is not unconstitutional (see People v Leon, 10 NY3d 122 [2008], cert denied 554 US 926 [2008]; People v Winfield, 63 AD3d 969 [2009]; cf.