PEOPLE v. MECKWOOD

No. 182.

20 N.Y.3d 69 (2012)

980 N.E.2d 501

956 N.Y.S.2d 453

2012 NY Slip Op 7147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LONNIE R. MECKWOOD, Appellant.

Court of Appeals of New York.

Decided October 25, 2012.


Attorney(s) appearing for the Case

Fitzsimons, Mack & Mills, P.C., Valatie ( Brent R. Stack of counsel), for appellant.

Gerald F. Mollen , District Attorney, Binghamton ( Joann Rose Parry of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

JONES, J.

Defendant contests his second violent felony offender adjudication, predicated upon a prior foreign conviction that occurred when he was 18 years old, contending that, because he could have been accorded youthful offender status had he committed that crime in New York, he is entitled to such status for the purpose of enhanced sentencing. He also raises whether Penal Law § 70.04 (1) (b) (v)'s tolling provision violates...

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