Legal Opinion
People v. Quinones
New York Court of Appeals
Decided February 24, 2009PublishedCited by 99 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
This appeal presents another Apprendi 1 challenge to New York’s discretionary persistent felony offender sentencing scheme. The primary issue before us is whether, in light of Cunningham v California (549 US 270 [2007]), this sentencing scheme violates Apprendi and defendant’s due process and Sixth Amendment rights. We again uphold the constitutionality of New York’s discretionary persistent felony offender sentencing scheme and further hold that defendant’s constitutional rights were not violated.
Facts and Procedural History
On April 21, 2004, at about 12:05 p.m.,…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
14 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- People v. BattlesNew York Court of Appeals · 2010
- Portalatin v. GrahamCourt of Appeals for the Second Circuit · 2010
- People v. BellNew York Court of Appeals · 2010
- People v. MaisAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 2011
94 more not listed; retrieve them via the Exa API.