Legal Opinion

People v. Ortiz

New York Supreme Court

Decided October 6, 2005PublishedCited by 1 opinion

1Opinion of the Court

*193OPINION OF THE COURT

Richard Lee Price, J.

On June 29, 2005, a jury returned a verdict finding the defendant guilty of burglary in the third degree (Penal Law § 140.20). Sentencing was scheduled for July 18, 2005. On that date, as anticipated from pretrial discussions on the record, the People served a “Persistent Felony Information” upon the court and moved to have the defendant sentenced as a persistent felony offender, pursuant to Penal Law § 70.10. At the defendant’s request, the case was adjourned so that counsel could submit formal written opposition to being sentenced under that statute.

D…

2Cases cited14 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  5. Ring v. ArizonaSupreme Court of the United States · 2002

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3Cited by1 opinion

  1. Johnson v. PriceAppellate Division of the Supreme Court of the State of New York · 2006

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