Legal Opinion

People v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 2005PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered April 21, *4312003, convicting him of burglary in the first degree, criminal possession of a weapon in the third degree, criminal possession of stolen property in the fifth degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s constitutional challenge to the mandatory sentence enhancement provisions of Penal Law § 70.08 on the ground that there is no provision for a jury trial to determine the facts of his prior…

2Cases cited7 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. RiceAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. ReganAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. HornAppellate Division of the Supreme Court of the State of New York · 2004
  5. Long v. DonnellyDistrict Court, S.D. New York · 2004

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

3Cited by6 opinions

  1. People v. HighsmithAppellate Division of the Supreme Court of the State of New York · 2005
  2. People ex rel. Brown v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2008
  4. People ex rel. Brown v. TedfordAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. LiceaAppellate Division of the Supreme Court of the State of New York · 2007

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

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