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PEOPLE v. PRINDLE

No. 84.

29 N.Y.3d 463 (2017)

80 N.E.3d 1026

58 N.Y.S.3d 280

2017 NY Slip Op 05267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL E. PRINDLE, Appellant.

Court of Appeals of New York.

Decided June 29, 2017.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( James A. Hobbs of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Leah R. Mervine of counsel), for respondent.

The Legal Aid Society, Criminal Appeals Bureau, New York City ( Ursula Bentele , Andrew Fine , Lawrence Hausman , Richard Joselson and Whitney Robinson of counsel), for The Legal Aid Society, amicus curiae.

Chief Judge DIFIORE and Judges RIVERA, STEIN and GARCIA concur; Judges FAHEY and FEINMAN taking no part.

OPINION OF THE COURT

"This appeal presents another Apprendi challenge to New York's discretionary persistent felony offender sentencing scheme. The primary issue before us is whether, in light of [Alleyne v United States (570 US ___, 133 S.Ct. 2151 [2013])], this sentencing scheme...

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