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State v. Garvin; State v. Wright
Brief of Amici Curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers in Support of Defendant-Appellants.
Argument: Under Penal Law § 70.10 and CPL § 400.20, a court may sentence a convicted felon with prior felony convictions as a “Persistent Felony Offender” only upon findings made by a judge under a preponderance of the evidence standard. New York’s sentencing scheme under the statute and the CPL is functionally the same as the statutory scheme found unconstitutional by the United States Supreme Court in Hurst v. Florida.