1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 478 F.Supp.2d
  5. 478 F.Supp.2d 385 (2007)
 

PORTALATIN v. GRAHAM

No. 06 CV 5002(JG).

478 F.Supp.2d 385 (2007)

Carlos PORTALATIN, Petitioner, v. Harold GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

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

March 22, 2007.

Attorney(s) appearing for the Case

Joshua Michael Levine, Appellate Advocates, New York, NY, for the Petitioner.

Charles J. Hynes, District Attorney, Kings County, by Arm Bordley, Assistant District Attorney, Brooklyn, NY, for the Respondent.

GLEESON, District Judge.

Carlos. Portalatin petitions for a writ of habeas corpus, challenging the sentence imposed in state court pursuant to New York's discretionary persistent felony offender statute, N.Y. Penal Law § 70.10. Because that sentence violated Portalatin's constitutional right to a jury trial, the petition is granted.

BACKGROUND

A. Portalatin's Conviction and Sentence Pursuant to New York's Persistent Felony Offender...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases