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...

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