A New York appeals panel has declined to follow the 2nd Circuit's lead in finding unconstitutional New York's version of a sentencing statute for persistent felony offenders. The state judges said they are not bound to follow a local federal circuit ruling that runs counter to the determination by the New York Court of Appeals in the absence of a definitive ruling on a federal constitutional question made by the U.S. Supreme Court.
June 23, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
An upstate New York appeals panel has declined to follow the lead of the 2nd U.S. Circuit Court of Appeals in finding unconstitutional New York’s version of a sentencing statute for persistent felony offenders.
An Appellate Division, 3rd Department, panel unanimously rejected arguments by defendant Phillip P. Battease that his 20-year-to-life sentence was excessive and violated the U.S. Constitution.
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