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22 Mar 2011, 5:15 pm by Brian Shiffrin
In December 2010 I wrote about the en banc decision of the Second Department in Portalatin v. [read post]
16 Dec 2010, 5:39 pm by Brian Shiffrin
"Yet, in an indirect way, the decision of the New York Court of Appeals in People v Battles (_NY3d_, 2010 NY Slip Op 09160 [12/14/10]), in which that Court once again rejected a challenge to the constitutionality of New York's persistent Felony Offender sentencing laws, suggests that Portalatin is not necessarily the last word on this issue. [read post]
30 Mar 2007, 1:16 am
DISTRICT COURTEASTERN DISTRICT OF NEW YORKCriminal PracticeState Sentence Faulted; New York Penal Law §70.10 In 'Irreconcilable Conflict' With Sixth Amendment Portalatin v. [read post]