Legal Opinion

People v. MacGregor

Appellate Division of the Supreme Court of the State of New York

Decided October 29, 1982No. Appeal No. 2PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously affirmed. Memorandum: In 1957 defendant pleaded guilty to two counts of carnal abuse *676of a child. As a predicate sex offender he was sentenced pursuant to sections 483-b and 2189-a of the former Penal Law to a term of one day to life. In 1969, after a hearing held as required by People v Bailey (21 NY2d 588), the court found that defendant was a danger to society and the sentence was reimposed. Following the decision in Hollis v Smith (571 F2d 685), holding that the standard of proof required for the imposition of the day-to-life term was “clear, unequivocal and convincing”…

2Cases cited11 opinions

  1. Robinson v. CaliforniaSupreme Court of the United States · 1962
  2. Specht v. PattersonSupreme Court of the United States · 1967
  3. People v. BaileyNew York Court of Appeals · 1968
  4. People ex rel. Kaganovitch v. WilkinsAppellate Division of the Supreme Court of the State of New York · 1965
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1963

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3Cited by1 opinion

  1. People v. MacGregorAppellate Division of the Supreme Court of the State of New York · 1982

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