People v. Morse
New York Court of Appeals
POINTS OF COUNSEL I. Appellant was improperly adjudicated a persistent violent felony offender (a) on the basis of two prior violent felony convictions obtained on the same date, a sentencing which would be impermissible under the discretionary sentencing scheme for persistent felons, and (b) because the 1978 persistent violent felony offender statute (Penal Law, § 70.08) is unconstitutional as applied to appellant because it ex post facto classifies his pre-1978 offenses as…
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POINTS OF COUNSEL I. Appellant was improperly adjudicated a persistent violent felony offender (a) on the basis of two prior violent felony convictions obtained on the same date, a sentencing which would be impermissible under the discretionary sentencing scheme for persistent felons, and (b) because the 1978 persistent violent felony offender statute (Penal Law, § 70.08) is unconstitutional as applied to appellant because it ex post facto classifies his pre-1978 offenses as “violent felonies”. (People v Ayala, 107 Mise 2d 874, 85 AD2d 931; People v Santana, 117 Mise 2d 1016; Weaver v Graham,…
1Opinion of the Court
*213OPINION OF THE COURT
Meyer, J.
Both the second violent offender law and the persistent violent offender law require imposition of enhanced punishment upon conviction as a second or persistent violent felony offender, even though at the time of the prior conviction on which enhanced punishment is based the prior crime was not classified as a violent felony offense. So to construe the statutes involves no violation of the constitutional proscription upon ex post facto laws. Nor, under those statutes, where the predicate offense is only so classified because it occurs after a plea of guilty to a…
2Cases cited24 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- People v. HarrisNew York Court of Appeals · 1983
- Gryger v. BurkeSupreme Court of the United States · 1948
- United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
- People v. FullerNew York Court of Appeals · 1982
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3Cited by163 opinions
- People v. SammsNew York Court of Appeals · 2000
- People v. BouyeaNew York Court of Appeals · 1985
- People v. OliverNew York Court of Appeals · 1984
- People v. WalkerNew York Court of Appeals · 1993
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
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