Legal Opinion

Brown v. Greiner

District Court, E.D. New York

Decided March 27, 2003No. 01-CV-2528 (JG)PublishedCited by 10 opinions

1Opinion of the Court

AMENDED 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…

2Cases cited44 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Coleman v. ThompsonSupreme Court of the United States · 1991
  4. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  5. Murray v. CarrierSupreme Court of the United States · 1986

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3Cited by10 opinions

  1. People v. RiveraNew York Court of Appeals · 2005
  2. Brown v. GreinerCourt of Appeals for the Second Circuit · 2005
  3. Kaua v. FrankDistrict Court, D. Hawaii · 2004
  4. People v. MilesNew York Supreme Court · 2004
  5. People v. WestNew York Supreme Court · 2003

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