Sheldon Levine v. Commissioner of Correctional Services

Because of the constraints imposed upon the federal courts in their exercise of jurisdiction under 22 U.S.C. § 2254, I concur. I do so with great reluctance, however, because I believe that Sheldon Levine’s due process rights were violated during his sentencing.

Recognizing that sentencing must satisfy the requirements of due process, see Innes v. Dalsheim, 864 F.2d 974, 977 (2d Cir.1988), cert. denied, 493 U.S. 809, 110 S.Ct. 50, 107 L.Ed.2d 19 (1989), and People v. Outley, 80 N.Y.2d 702, 712, 594 N.Y.S.2d 683, 610 N.E.2d 356 (1993), the New York courts emphasize the importance of explaining…