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Court of Appeals – Persistent violent felony offender: People v. Hernandez
Daily Record Staff//April 2, 2025//
New York State Court of Appeals
Persistent violent felony offender — Ten-year lookback – Presentence incarceration
No. 9
Judge Garcia
Background: The defendant challenged any extension of the 10-year lookback period using time he spent in presentence incarceration on his earliest qualifying felony conviction after being adjudicated as a violent felony offender.
Ruling: The Court of Appeals held that pursuant to Section 70.04 of the Penal Law, the defendant’s presentence incarceration time did extend the 10-year period. Therefore, the defendant was properly sentenced as a persistent violent felony offender.
Amit Jain for the appellant; Steven C. Wu for the respondent.
Case Digests
- Fourth Department – Circumstantial evidence charge: People v. Coleman
- Second Circuit – Sentencing conditions: United States v. McCrone
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- Fourth Department – Sex Offender Registration Act: People v. Wallace
- Second Circuit – Failure to accommodate religion: Bergin v. N.Y. Unified Court System
- Second Circuit – Sentencing: United States v. DeJesus
- Fourth Department – Ineffective assistance of counsel: People v. Castaneda
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- Fourth Department – Probable cause: People v. Asbury
- Fourth Department – Sex Offender Registration Act: People v. Berry
- Fourth Department – Grandparent custody: Barrett v. Gaines
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