Legal Opinion

People v. Dozier

New York Court of Appeals

Decided July 2, 1991PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

Section 70.04 of the Penal Law provides that second violent felony offenders must receive enhanced sentences.1 In order for a prior violent felony to be effective as a predicate for enhanced sentencing under section 70.04, the sentence on the *244prior felony must have been imposed no more than 10 years before commission of the felony on which the defendant is being sentenced (§ 70.04 [1] [b] [iv]). For the purpose of determining whether this 10-year limitation has been exceeded, the statute provides for exclusion of any period of time that the defendant was…

2Cases cited8 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Townsend v. BurkeSupreme Court of the United States · 1948
  3. Durley v. MayoSupreme Court of the United States · 1956
  4. People v. LoveNew York Court of Appeals · 1988
  5. Dozier v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by30 opinions

  1. ATM One, LLC v. LandaverdeNew York Court of Appeals · 2004
  2. People v. HernandezNew York Court of Appeals · 2025
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
  4. ATM One v. LandaverdeAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. HernandezNew York Court of Appeals · 2025

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