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PEOPLE v. QUINONES

12 N.Y.3d 116 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE QUINONES, Appellant.

Court of Appeals of New York.

Decided February 24, 2009.

Attorney(s) appearing for the Case

William G. Kastin, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Thomas S. Burka and Leonard Joblove of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

JONES, J.

This appeal presents another Apprendi1 challenge to New York's discretionary persistent felony offender sentencing scheme. The primary issue before us is whether, in light of Cunningham v California (549 U.S. 270 [2007]), this sentencing scheme violates Apprendi and defendant's due process and Sixth Amendment rights. We again...

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