Brown v. Greiner, No. 01-CV-2528 (JG) (E.D.N.Y.) (258 F.Supp.2d 68) (March 21, 2003) (Judge John Gleeson)
Here the Court held that New York State's discretionary persistent felony offender statute (N.Y. Penal Law ยง70.20) was unconstitutional since it violated the rule established in Apprendi v. New Jersey.
The petitioner in this case was convicted and sentenced in state court. On remand, the sentencing court resentenced him, again ...
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