Legal Opinion

People v. Santana

New York Supreme Court

Decided February 10, 1983Published

1Opinion of the Court

OPINION OF THE COURT

Howard E. Goldfluss, J.

The defendant herein, after being convicted of robbery in the second degree and assault in the second degree, faces sentence as a persistent violent felony offender pursuant to section 70.08 of the Penal Law. The said statute provides that a persistent violent felony offender is a person who stands convicted of a violent felony offense, after having been subjected to two or more predicate violent convictions, and fixes minimum and maximum sentences.

His objection to be so classified is based upon two significant points. At the outset, he claims that…

2Cases cited10 opinions

  1. McDonald v. MassachusettsSupreme Court of the United States · 1901
  2. Carlesi v. New YorkSupreme Court of the United States · 1914
  3. Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
  4. People v. WilsonNew York Court of Appeals · 1963
  5. People v. PrayAppellate Division of the Supreme Court of the State of New York · 1975

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