Johnson v. Price
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
The District Attorney of Bronx County brings this CPLR article 78 petition seeking relief in the nature of a writ of prohibition against respondent Supreme Court Justice. The petition challenges a ruling made following the conviction of respondent Scott Ortiz, after a jury trial, of burglary in the third degree. In the context of the People’s application that convicted defendant Ortiz be sentenced as a persistent felony offender, the defendant served opposition challenging the constitutionality of the statutory scheme for the discretionary sentencing of a defendant…
2Cases cited15 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
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
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3Cited by8 opinions
- Neal v. WhiteAppellate Division of the Supreme Court of the State of New York · 2007
- Cuomo v. HayesAppellate Division of the Supreme Court of the State of New York · 2008
- Phillips v. RamseyAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Clark v. NewbauerAppellate Division of the Supreme Court of the State of New York · 2017
- Crosby v. CrossettNew York Supreme Court · 2011
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