United States Second Circuit

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Portalatin v. Graham, 07-1599

In consolidated habeas petitions challenging the constitutionality of sentences imposed pursuant to New York's persistent felony offender (PFO) statute, denials of the petitions are affirmed where it was not unreasonable for the state court to identify a crucial distinction between the unconstitutional factfinding required under the statutes at issue in both Ring and Apprendi, and the discretionary assessment called for by the PFO statute.

Appellate Information

  • Decided 10/18/2010
  • Published 10/18/2010

Judges

  • Ralph K. Winter

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Leonard Joblove, Andrew C. Fine