David Orion Griffin, Jr. v. Louis F. Mann, Superintendent

WINTER, Chief Judge:

Louis Mann, Superintendent of the Sha-wangunk Correctional Facility, appeals from Judge Scullin’s grant of a writ of habeas corpus to David Griffin, Jr. The district court held that the persistent felony offender statute, New York Penal Law § 70.10, violates the Equal Protection clause because it defines predicate convictions more broadly than does the second felony offender statute, New York Penal Law § 70.06. Assuming that the distinctions between the two sentencing schemes implicate Equal Protection concerns, 1 we conclude that they have a rational basis, and,…