Legal Opinion

People v. Fox

New York Supreme Court

Decided June 20, 1979PublishedCited by 2 opinions

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

  1. Stilson v. United StatesSupreme Court of the United States · 1919
  2. People v. DoranNew York Court of Appeals · 1927
  3. People v. . CosmoNew York Court of Appeals · 1912
  4. Sitarski v. State of New YorkDistrict Court, W.D. New York · 1973
  5. People v. HaneyAppellate Division of the Supreme Court of the State of New York · 1968

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

3Cited by2 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. GantzAppellate Division of the Supreme Court of the State of New York · 1984

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