People v. Fox
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Benjamin Altman, J.
The defendant has made a motion, pursuant to CPL 270.25 (subd 2), for additional peremptory challenges because, although he has been charged with a number of class D felonies, he is eligible to be sentenced under section 70.10 of the Penal Law as a persistent felony offender. Under section 70.10, the defendant could receive a sentence of up to life imprisonment as if he had been charged with a class A-I felony.
The defendant claims that he will be denied due process of law and equal protection of the laws if, pursuant to CPL 270.25, the court refuses to…
2Cases cited6 opinions
- Stilson v. United StatesSupreme Court of the United States · 1919
- People v. DoranNew York Court of Appeals · 1927
- People v. . CosmoNew York Court of Appeals · 1912
- Sitarski v. State of New YorkDistrict Court, W.D. New York · 1973
- People v. HaneyAppellate Division of the Supreme Court of the State of New York · 1968
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3Cited by2 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1988
- People v. GantzAppellate Division of the Supreme Court of the State of New York · 1984