Legal Opinion
People v. Ogarra
New York Supreme Court
Decided February 21, 2003Published
1Opinion of the Court
OPINION OF THE COURT
Michael A. Gross, J.
Defendant was convicted of robbery in the first degree after a jury trial and sentenced as a persistent violent felony offender (VFO) on February 28, 2001 to an indeterminate term of incarceration of 24 years to life. Defendant now moves to set *249aside his sentence pursuant to CPL 440.20 on the grounds that he was unlawfully adjudicated a persistent VFO.
Penal Law § 70.08 (1) (a) defines a persistent VFO as a person who stands convicted of a violent felony offense as defined in Penal Law § 70.02 (1) after having previously been subjected to two or more…
2Cases cited6 opinions
- People v. MorseNew York Court of Appeals · 1984
- People v. BouyeaNew York Court of Appeals · 1985
- People v. BarclayAppellate Division of the Supreme Court of the State of New York · 1994
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1986
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1986
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