Legal Opinion
People v. Bell
New York Court of Appeals
Decided December 14, 2010No. 214PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. Defendant challenges his adjudication as a persistent violent felony offender (Penal Law § 70.08), contending that the procedure called for by CPL 400.15 and 400.16 deprives him of his constitutional right to trial by jury. Defendant’s argument is barred by Almendarez-Torres v United States (523 US 224 [1998]), which permits sentencing proceedings in which the fact of previous criminal convictions is found by a court sitting without a jury. Though several of our recent cases rely on Almendarez-Torres’s…
2Cases cited5 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- People v. RosenNew York Court of Appeals · 2001
- People v. RiveraNew York Court of Appeals · 2005
- People v. QuinonesNew York Court of Appeals · 2009
3Cited by46 opinions
- People v. BattlesNew York Court of Appeals · 2010
- People v. FrazierNew York Court of Appeals · 2010
- People v. SweeperNew York Court of Appeals · 2010
- The People v. Dwight Giles / The People v. Sean HawkinsNew York Court of Appeals · 2014
- People v. WellingtonAppellate Division of the Supreme Court of the State of New York · 2011
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