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2026
Top citers, strongest first. 8 distinct citers.
discussed
Cited "see"
People v. Wilmet
(2×)
Here, we conclude that defendant's "history and character . . . and the nature and circumstances of his criminal conduct indicate that extended [*2]incarceration and life-time supervision will best serve the public interest" ( People v Lowery , 158 AD3d 1179 , 1181 [4th Dept 2018], lv denied 31 NY3d 1119 [2018] [internal quotation marks omitted]; see People v Nelson , 16 AD3d 1172, 1173 [4th Dept 2005], lv denied 5 NY3d 766 [2005], cert denied 546 US 1043 [2005]), and it cannot be said that the court acted arbitrarily or irrationally ( see People v Rivera , 5 NY3d 61, 68 [2005], cert denied 54…
discussed
Cited "see"
People v. Grist
Sentencing is primarily a matter addressed to the discretion of the sentencing court, but we have the power to reduce sentences that we find, in the exercise of our own discretion, to be “unduly harsh or severe” (CPL 470.15 [6] [b]; see People v Rivera, 5 NY3d 61, 68 [2005], cert denied 546 US 984 [2005]; People v Miles, 173 App Div 179, 183 [1916]).
discussed
Cited "see"
People v. Grist
Sentencing is primarily a matter addressed to the discretion of the sentencing court, but we have the power to reduce sentences that we find, in the exercise of our own discretion, to be “unduly harsh or severe” (CPL 470.15 [6] [b]; see People v Rivera, 5 NY3d 61, 68 [2005], cert denied 546 US 984 [2005]; People v Miles, 173 App Div 179, 183 [1916]).
discussed
Cited "see"
People v. Perez
In any event, that contention is likewise unpreserved for our review (see People v Phillips, 56 AD3d 1168 , 1169 [2008], lv denied 11 NY3d 928 [2009]), and it is without merit (see People v Quinones, 12 NY3d 116 [2009]; see generally People v Rivera, 5 NY3d 61, 66-68 [2005], cert denied 546 US 984 [2005]).
discussed
Cited "see"
People v. Carvalho
Contrary to the further contention of defendant, he has “no constitutional right to a jury trial to establish the facts of his prior felony convictions” (People v Rosen, 96 NY2d 329, 335 [2001]; see People v Rivera, 5 NY3d 61, 67 [2005], cert denied 546 US 984 [2005]).
discussed
Cited "see, e.g."
People v. Winfield
Contrary to the defendant’s contention, Penal Law § 70.08, New York’s persistent violent felony offender statute pursuant to which the defendant was sentenced, is not unconstitutional (see People v Crowder, 47 AD3d 724 [2008]; People v Hammon, 47 AD3d 644, 645 [2008]; see also People v Rivera, 5 NY3d 61, 80 [2005], cert denied 546 US 984 [2005]).
discussed
Cited "see, e.g."
People v. Mitchell
The defendant’s contention that the persistent violent felony offender sentencing scheme under Penal Law § 70.08 violates the principles enunciated in Apprendi v New Jersey ( 530 US 466 [2000]) is unpreserved for appellate review (see People v Smith, 238 AD2d 451, 452 [1997]) and, in any event, is without merit (see People v Leon, 10 NY3d 122, 126 [2008]; People v Thomas, 47 AD3d 850, 851 [2008]; see also People v Rivera, 5 NY3d 61, 63 [2005], cert denied 546 US 984 [2005]; People v Rosen, 96 NY2d 329, 335 [2001], cert denied 534 US 899 [2001]).
discussed
Cited "see, e.g."
People v. Rawlins
(2×)
Finally, we reject as meritless defendant’s challenge to the constitutionality of New York’s persistent felony offender sentencing scheme (see Penal Law § 70.10; CPL 400.20 [1]; see also People v Rivera, 5 NY3d 61 [2005], cert denied 546 US 984 [2005]; People v Rosen, 96 NY2d 329 [2001], cert denied 534 US 899 [2001]).
Vieira
v.
California
v.
California
No. 05-6075.
Supreme Court of the United States.
Oct 31, 2005.
Published
Sup. Ct. Cal. Certio-rari denied.