People v. Ortiz
New York Supreme Court
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.
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2Cases cited14 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
- Ring v. ArizonaSupreme Court of the United States · 2002
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3Cited by1 opinion
- Johnson v. PriceAppellate Division of the Supreme Court of the State of New York · 2006