Legal Opinion

United States Ex Rel. Mercogliano v. County Court of Nassau County

District Court, E.D. New York

Decided June 16, 1976No. 76 C 355PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

PLATT, District Judge.

PRELIMINARY STATEMENT

New York’s second felony offender statute (Penal Law § 70.06) provides that indeterminate sentences of specified maximum and minimum lengths must be imposed on offenders convicted of a felony for the second time. Until the statute was amended in 1975, the earlier “felony conviction” was defined to be a conviction in New York of a felony, 1 or a conviction in another jurisdiction of an offense for which a sentence of imprisonment of more than one year (or a sentence of death) was authorized, 2 provided that such earlier conviction,…

2Cases cited19 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  5. Gooding v. WilsonSupreme Court of the United States · 1972

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3Cited by6 opinions

  1. People v. CruzCriminal Court of the City of New York · 1985
  2. Dillard v. LaValleeDistrict Court, E.D. New York · 1977
  3. People v. ShapiroNew York Supreme Court · 1979
  4. Smith v. WestDistrict Court, W.D. New York · 2009
  5. Mercogliano v. County Court of Nassau CountyCourt of Appeals for the Second Circuit · 1976

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