Legal Opinion
People v. West
New York Supreme Court
Decided October 23, 2003PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
John A.K. Bradley, J.
The defendant Oliver West moves pursuant to CPL 440.20 (1) to set aside his sentence on the grounds that the procedures used to sentence him as a discretionary persistent felony offender violated the Due Process Clause of the United States Constitution, as interpreted by the Supreme Court of the United States in Apprendi v New Jersey (530 US 466 [2000]). The defendant has engaged in a 14-year series of appeals and federal habeas proceedings but raises this claim for the first time. Apprendi was decided in 2000 so that the principles espoused therein…
2Cases cited5 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Ring v. ArizonaSupreme Court of the United States · 2002
- People v. RosenNew York Court of Appeals · 2001
- People v. KanNew York Court of Appeals · 1991
- Brown v. GreinerDistrict Court, E.D. New York · 2003
3Cited by5 opinions
- People v. MilesNew York Supreme Court · 2004
- People v. WestAppellate Division of the Supreme Court of the State of New York · 2004
- People v. OrtizNew York Supreme Court · 2005
- People v. RiveraNew York Court of Appeals · 2005
- People v. RiveraNew York Court of Appeals · 2005