Legal Opinion
Brown v. Greiner
District Court, E.D. New York
Decided March 21, 2003No. 01-CV-2528 (JG)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
GLEESON, District Judge.
New York has two sentence-enhancing statutes for persistent felony offenders. One is the persistent violent felony offender provision in N.Y. Penal Law § 70.08, which practitioners of criminal law in New York often refer to as the ’“mandatory” one. That statute applies to defendants who stand convicted of a violent felony (as defined in N.Y. Penal Law § 70.02) and have previously been convicted of two or more predicate violent felonies (as defined in N.Y. Penal Law § 70.04(l)(b)). Such defendants receive an indeterminate sentence of imprisonment,…
2Cases cited44 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Murray v. CarrierSupreme Court of the United States · 1986
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3Cited by1 opinion
- People v. QuinonesAppellate Division of the Supreme Court of the State of New York · 2003