Friday, July 09, 2004

New York Setencing Law

A friend from law school who is working for the public defender’s office has written to me regarding his most recent assignment:

What impact, if any, does Blakely have on New York’s persistent violent felony offender statute (NY CLS Penal § 70.08 and 70.10)

NY CLS Penal § 70.08 requires judges to increase a defendant’s sentence if the defendant is a “persistent violent felony offender.” Under 70.10, the sentence is discretioanry. Sounds like Almendarez-Torres meets Blakely.

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