PEOPLE v. FELIX


58 N.Y.2d 156 (1983)

The People of the State of New York, Respondent, v. David Felix, Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1983.


Attorney(s) appearing for the Case

Michele Maxian, Caesar D. Cirigliano, Barbara Salken and Bennett M. Lincoff for appellant.

Robert M. Morgenthau, District Attorney (Donna Krone, Amyjane Rettew and Vivian Berger of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, FUCHSBERG and SIMONS concur with Judge MEYER; Judge JONES dissents and votes to reverse in a separate opinion


MEYER, J.

There is no due process infirmity under either the Federal or the State Constitution in the requirement of subdivision 5 of section 70.02 of the Penal Law that a defendant who has been charged with an armed felony and permitted in satisfaction of the indictment to plead guilty to a class D violent felony must receive an indeterminate sentence of one to three years unless the court finds that factors...

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