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,…
1DissentJasen, J.
Today the majority holds that the defendant in People v Morse, who stands convicted of robbery in the first degree and burglary in the first degree and has two prior convictions for previous separate crimes of robbery in the first degree to which he pleaded guilty in satisfaction of 17 *227separate indictments for 17 different robberies on 17 different days in 1972 and 1973, cannot be sentenced as a persistent violent felony offender, merely because the sentences for his two prior convictions were imposed on the same date. Likewise, the majority holds the same for the defendant in People v Frank…
2Cases cited5 opinions
- Albano v. KirbyNew York Court of Appeals · 1975
- People v. GrahamNew York Court of Appeals · 1982
- People v. TaylorNew York Court of Appeals · 1963
- Felt v. FeltNew York Court of Appeals · 1984
- People Ex Rel. Janosko v. FayNew York Court of Appeals · 1959