New York Court of Appeals· 6/9/2005

People v. Rivera

Citations

833 N.E.2d 194
5 N.Y.3d 61
800 N.Y.S.2d 51
2005 N.Y. LEXIS 1214

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that no Sixth Amendment violation was committed when court found fact of defendant’s two prior convictions, conferring statutory persistent-offender status on defendant
“As we explained in Rosen, the predicate felonies are both necessary and sufficient conditions for imposition of the authorized sentence for recidivism .... ”
“[Ojnce a defendant is adjudged a persistent felony offender, a recidivism sentence cannot be held erroneous as a matter of law, unless the sentencing court acts arbitrarily or irrationally.”
“If, for example, a defendant had an especially long and disturbing history of criminal convictions, a persistent felony offender sentence might well be within the trial justice’s discretion even with no further factual findings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rosenblatt, Kaye, Ciparick

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141 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

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