Discretionary sentencing, Apprendi
This article examines the Discretionary Persistent Felony Offender sentencing provision contained in New York Penal law section 70.10 and its vitality in the wake of Apprendi v. New Jersey. It examines the disparity in the controlling New York Court of Appeals cases and the holdings in Apprendi and its progeny. It also discusses ways in which the sentencing court can apply the sentnecing statute and avoid Apprendi pitfalls.
Fahey, Joseph E., "Discretionary Persistent Felony Offender Sentencing In New York: Can it survive Apprendi ?" (2012). College of Law Faculty Scholarship. Paper 68.