Legal Opinion

People v. Mazzie

New York Supreme Court

Decided July 25, 1974PublishedCited by 19 opinions

1Opinion of the CourtBurton B. Roberts, J.

Defendant, Rocco Mazzie, in a presentence memorandum, has challenged the constitutionality of section 70.06 of the Penal Law, the second-felony offender provision recently enacted in conjunction with the increased penalty structure for narcotics offenses, commonly known as the “ Rockefeller Law ” (L. 1973, chs. 276, 277). Section 70.06 provides for mandatory minimum State prison, sentences for any one convicted of a felony in New York who, within 10 years of the present offense, has been convicted “ in this state of a felony, or in any other jurisdiction of an offense for which a sentence to…

2Cases cited13 opinions

  1. Reed v. ReedSupreme Court of the United States · 1971
  2. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  3. Oyler v. BolesSupreme Court of the United States · 1962
  4. Graham v. West VirginiaSupreme Court of the United States · 1912
  5. People v. OlahNew York Court of Appeals · 1949

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3Cited by19 opinions

  1. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1975
  2. People v. MortonAppellate Division of the Supreme Court of the State of New York · 1975
  3. People v. GillAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. PachecoNew York Court of Appeals · 1981
  5. People v. PachecoAppellate Division of the Supreme Court of the State of New York · 1980

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