13 Cited authorities

People v. Quinones
2009 N.Y. Slip Op. 1318 (N.Y. 2009) Cited 88 times
Upholding the constitutionality of New York's discretionary persistent felony offender sentencing scheme
People v. Olah
300 N.Y. 96 (N.Y. 1949) Cited 229 times
In Olah, the eminent expert on criminal practice, Judge Stanley H. Fuld, put the matter succinctly: "[T]he crime, i.e., the operative facts which constitute the criminal offense as defined by the statute, cannot be extended or enlarged by allegations in the indictment or by evidence at trial."
People v. Parker
41 N.Y.2d 21 (N.Y. 1976) Cited 87 times
Holding that the former Penal Law providing for second-felony offender status based upon convictions in other states for acts which would not have been felonies in New York, while not providing for second-felony offender status as to the same acts if they were committed in New York, did not deny equal protection; nor did it result in unconstitutional delegation of legislative power or incorporation by reference of statutes of another state
People v. Scarbrough
66 N.Y.2d 673 (N.Y. 1985) Cited 53 times
In Scarbrough, the Court held that a defendant illegally sentenced as a first felony offender may have that sentence vacated prior to one year pursuant to CPL 440.40 (1), even where the defendant's status as a predicate felon was known or should have been known at the time.
People v. Jones
109 A.D.3d 1108 (N.Y. App. Div. 2013) Cited 12 times
2013-09-27 The PEOPLE of the State of New York, Respondent, v. Clemon JONES, Defendant–Appellant. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent. PRESENT: SCUDDER, P.J., PERADOTTO, CARNI
Griffin v. Mann
156 F.3d 288 (2d Cir. 1998) Cited 21 times
Applying rational basis scrutiny to sentencing enhancements
People v. Meckwood
2012 N.Y. Slip Op. 7147 (N.Y. 2012) Cited 7 times
2012-10-25 The PEOPLE of the State of New York, Respondent, v. Lonnie R. MECKWOOD, Appellant. Fitzsimons, Mack & Mills, P.C., Valatie (Brent R. Stack of counsel), for appellant. Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent. JONES Fitzsimons, Mack & Mills, P.C., Valatie (Brent R. Stack of counsel), for appellant.Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent. OPINION OF THE COURT , J. Defendant contests
U.S. v. Shrader
56 F.3d 288 (1st Cir. 1995) Cited 8 times
Refusing to adopt a per se rule of unreliability for uncorroborated affidavits of cooperating co-conspirators
People v. Shannon
89 N.Y.2d 1000 (N.Y. 1997) Cited 4 times
Argued February 13, 1997 Decided March 25, 1997 APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered March 8, 1996, which affirmed a judgment of the Genesee County Court (Glenn R. Morton, J.), convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing defendant as a second felony offender to a term of imprisonment with a minimum of
People v. Pacheco
421 N.E.2d 114 (N.Y. 1981) Cited 12 times
Argued February 12, 1981 Decided March 26, 1981 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM BOOTH, J. William E. Hellerstein for appellant. Eugene Gold, District Attorney (William Gurin of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, but on the ground that defendant had no standing to raise the equal protection argument he advances (People v Parker, 41 N.Y.2d 21, 24-25). Defendant's equal protection
Section 924 - Penalties
18 U.S.C. § 924 Cited 65,534 times 186 Legal Analyses
Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 60,269 times 181 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

The People, Respondent,v.Clemon Jones, Appellant.

13 Cited authorities

Upholding the constitutionality of New York's discretionary persistent felony offender sentencing scheme

In Olah, the eminent expert on criminal practice, Judge Stanley H. Fuld, put the matter succinctly: "[T]he crime, i.e., the operative facts which constitute the criminal offense as defined by the statute, cannot be extended or enlarged by allegations in the indictment or by evidence at trial."

In Scarbrough, the Court held that a defendant illegally sentenced as a first felony offender may have that sentence vacated prior to one year pursuant to CPL 440.40 (1), even where the defendant's status as a predicate felon was known or should have been known at the time.

Applying rational basis scrutiny to sentencing enhancements

Refusing to adopt a per se rule of unreliability for uncorroborated affidavits of cooperating co-conspirators

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"