Legal Opinion
People v. Rivera
New York Court of Appeals
Decided June 9, 2005PublishedCited by 169 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
Defendant asks us to overrule People v Rosen (96 NY2d 329 [2001]), in which we sustained the constitutionality of Penal Law § 70.10 and Criminal Procedure Law § 400.20 (5), the persistent felony offender statutes. After studying the Supreme Court’s recent cases derived from Apprendi v New Jersey (530 US 466 [2000]), we uphold Rosen, the statutes and defendant’s sentence as a persistent felony offender.
Procedural Background
A jury convicted defendant of unauthorized use of a vehicle in the second degree, a class E felony (Penal Law § 165.06), which carries a…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Duncan v. LouisianaSupreme Court of the United States · 1968
12 more not listed; retrieve them via the Exa API.
3Cited by169 opinions
- People v. RawlinsNew York Court of Appeals · 2008
- People v. QuinonesNew York Court of Appeals · 2009
- State v. BellSupreme Court of Connecticut · 2007
- Portalatin v. GrahamCourt of Appeals for the Second Circuit · 2010
- State v. ThomasSupreme Court of New Jersey · 2006
164 more not listed; retrieve them via the Exa API.