Read People v. Leon, 8

Conviction arising out of sexual abuse of a 13-year-old and adjudication of defendant as a persistent violent felony offender upon a finding that defendant had previously been convicted of two violent felonies are affirmed over defendant's claims that: 1) Crawford v. Washington applies at a predicate sentencing hearing, both as a matter of his Sixth Amendment right to be confronted with the witnesses against him, and by operation of CPL 400.15(7)(a); and 2) in light of his challenge to being the same person identified in an earlier conviction, the hearing court necessarily made a finding of fact beyond the sole permissible fact of prior convictions in violation of Apprendi v. New Jersey.

Appellate Information

• Decided 02/19/2008
• Published 02/19/2008

Court

• Court of Appeals of New York

Counsel