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BROWN v. GREINER

No. 01-CV-2528 (JG).

258 F.Supp.2d 68 (2003)

Nelson BROWN, Petitioner, v. Charles GREINER, Superintendent, Green Haven Correctional Facility, Respondent.

United States District Court, E.D. New York.

March 27, 2003.

Attorney(s) appearing for the Case

Erica Horwitz, Lynn W.L. Fahey, Appellate Advocates, New York City, for Petitioner.

Charles J. Hynes, District Attorney, Kings County by Tziyonah M. Langsam, Brooklyn, NY, for Respondent.

AMENDED MEMORANDUM AND ORDER

GLEESON, District Judge.

New York has two sentence-enhancing statutes for persistent felony offenders. One is the persistent violent felony offender provision in N.Y. Penal Law § 70.08, which practitioners of criminal law in New York often refer to as the "mandatory" one. That statute applies to defendants who stand convicted of a violent felony (as defined in N.Y. Penal Law § 70.02) and have previously...

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