No. 01-CV-2528 (JG).

253 F.Supp.2d 413 (2003)

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

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

March 21, 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, Brooklyn, NY, By Tziyonah M. Langsam, for Respondent.


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 been convicted...

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