A second federal judge has found New York state’s persistent felony offender statute unconstitutional because it allows judges to find facts that can lead to a sentence beyond the statutory maximum.
Southern District of New York Judge John Koeltl found that N.Y. Penal Law �70.10 violated the Sixth Amendment right to a jury trial because, under the rapidly evolving case law of the U.S. Supreme Court, a jury has to find the facts that the state law leaves to the judge.
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