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.

An analysis of this issue began a quarter of a century ago when, in Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court held that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.” Id. at 489.