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PEOPLE v. WALTERS

196 Misc.2d 78 (2003)

763 N.Y.S.2d 715

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. FREDERICK WALTERS, Defendant.

Supreme Court, New York County.

April 23, 2003.

Attorney(s) appearing for the Case

New York County Defender Services (Brooks Holland of counsel), for defendant.

Robert M. Morgenthau, District Attorney (Olivia Sohmer of counsel), for plaintiff.

OPINION OF THE COURT

RENA K. UVILLER, J.

Defendant has been indicted for first degree sexual abuse and related crimes. He moves to dismiss two special informations, claiming a violation of due process principles set forth in Apprendi v New Jersey (530 U.S. 466 [2000]). He asserts an Apprendi violation in that New York's sentencing scheme for repeat child sex offenders augments his maximum sentence without requiring...

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