Legal Opinion

People v. Bingham

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2005PublishedCited by 3 opinions

1Opinion of the CourtCardona, P.J.

Appeal, by permission, from an order of the County Court of Sullivan County (LaBuda, J.), entered October 16, 2003, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crime of criminal possession of stolen property in the fourth degree, without a hearing.

In 1997, defendant was convicted of, among other things, criminal possession of stolen property in the fourth degree (263 AD2d 611 [1999], lv denied 93 NY2d 1014 [1999]), and the People thereafter moved to have him sentenced as a persistent felony offender (see Penal Law § 70.10).…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Ring v. ArizonaSupreme Court of the United States · 2002
  5. People v. RiveraNew York Court of Appeals · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Portalatin v. GrahamDistrict Court, E.D. New York · 2007
  2. People v. EberhartAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. KnoxAppellate Division of the Supreme Court of the State of New York · 2006

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API