The People of the State of New York, Respondent,
v.
James Morse, Appellant.
The People of the State of New York, Respondent,
v.
Curtis Covington, Appellant.
The People of the State of New York, Respondent,
v.
Saul Vega, Appellant.
The People of the State of New York, Respondent,
v.
Thomas Frank, Appellant.
The People of the State of New York, Respondent,
v.
Jack Johnson, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 29, 1984.
Decided May 17, 1984.
Attorney(s) appearing for the Case
Marilyn A. Kneeland and William E. Hellerstein for appellant in the first above-entitled action.
Mario Merola, District Attorney (Robin Dolsky and Steven R. Kartagener of counsel), for respondent in the first above-entitled action.
J. Mitchell Rosenberg for appellant in the second above-entitled action.
Elizabeth Holtzman, District Attorney (Rebecca J. Clement and Barbara D. Underwood of counsel), for respondent in the second above-entitled action.
Robert A. Goldschlag and Leon B. Polsky for appellant in the third above-entitled action.
Mario Merola, District Attorney (Richard P. Marin and Kevin B. Hurley of counsel), for respondent in the third above-entitled action.
Marilyn A. Kneeland, William E. Hellerstein and Bertrand J. Kahn for appellant in the fourth above-entitled action.
Robert M. Morgenthau, District Attorney (Jeanne E. Zunich and Amyjane Rettew of counsel), for respondent in the fourth above-entitled action.
Albert Mayer for appellant in the fifth above-entitled action.
Robert M. Morgenthau, District Attorney (Jeanne E. Zunich and Amyjane Rettew of counsel), for respondent in the fifth above-entitled action.
Chief Judge COOKE and Judges WACHTLER and KAYE concur with Judge MEYER; Judge JASEN dissents and votes to affirm in a separate opinion in which Judges JONES and SIMONS concur.
Court of Appeals of the State of New York.
MEYER, J.
Both the second violent offender law and the persistent violent offender law require imposition of enhanced punishment upon conviction as a second or persistent violent felony offender, even though at the time of the prior conviction on which enhanced punishment is based the prior crime was not classified as a violent felony offense. So to construe the statutes involves no violation of the constitutional...
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