Barry Kamins in his office at the New York City Bar Association. Photo by Rick Kopstein.The Impact of Erlinger on Predicate Felony Sentencing Statutes
The author writes "New York trial courts are sharply divided over whether a recent United States Supreme Court decision has had an impact on the manner in which predicate felony sentences may be imposed. In Erlinger v. United States, 144 S. Ct 1840 (2024), the Court determined whether certain facts, that are necessary for sentence enhancement, must be submitted to a jury and proved beyond a reasonable doubt."
December 02, 2024 at 11:07 AM
11 minute read
New York trial courts are sharply divided over whether a recent United States Supreme Court decision has had an impact on the manner in which predicate felony sentences may be imposed. In Erlinger v. United States, 144 S. Ct 1840
(2024), the Court determined whether certain facts, that are necessary for sentence enhancement, must be submitted to a jury and proved beyond a reasonable doubt.
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