The power of New York judges to order that a repeat felony offender serve a longer sentence because it will best serve “the public interest” does not violate clearly established federal law, the 2nd U.S. Circuit Court of Appeals has ruled.

Addressing three different sentences that were attacked as a violation of U.S. Supreme Court case law restricting the enhancement of sentences based on judicial findings instead of jury verdicts, the court said the state’s persistent felony offender statute as applied by the New York Court of Appeals is constitutional.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]