Legal Opinion
People v. Blount
New York County Courts
Decided June 27, 1975PublishedCited by 4 opinions
1Opinion of the CourtDouglas F. Young, J.
The defendant, by his attorney, applies to the court for an order setting aside its sentence of June 21, 1974 on the grounds that it was illegally imposed. (CPL 440.20, subd 1.) The defendant was sentenced as a second felony offender in accordance with the provisions of section 70.06 of the Penal Law. He argues that the statute is unconstitutional or, at least, not applicable to him.
After a jury trial the defendant was convicted of arson in the second degree on April 25, 1974. At sentencing under an information alleging a predicate felony conviction, it was established that the defendant had…
2Cases cited21 opinions
- Graham v. West VirginiaSupreme Court of the United States · 1912
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- Marshall v. United StatesSupreme Court of the United States · 1974
- People v. OlahNew York Court of Appeals · 1949
- Darweger v. StaatsNew York Court of Appeals · 1935
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3Cited by4 opinions
- State v. HayesDistrict Court of Appeal of Florida · 1976
- People v. Kittles, New York County Courts1979
- Ross Bicycles, Inc. v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1989
- United States Ex Rel. Mercogliano v. County Court of Nassau CountyDistrict Court, E.D. New York · 1976