5 N.Y.3d 61 (2005)
New York’s persistent felony offender statutes (Penal Law § 70.10 and Criminal Procedure Law § 400.20) are constitutional because a defendant becomes eligible for persistent felony offender sentencing based solely on the fact of two prior felony convictions, a fact a judge may find without violating the Sixth Amendment.
Summary
William Rivera appealed his sentence as a persistent felony offender, arguing the sentencing procedure violated his jury-trial rights under Apprendi v. New Jersey. The Court of Appeals upheld Rivera’s sentence and reaffirmed its prior holding in People v. Rosen, finding the statutes constitutional. The Court reasoned that the statutes define a persistent felony offender simply as a defendant with two prior felony convictions, making those convictions the sole determinant of eligibility for recidivist sentencing. The court emphasized that any further consideration of a defendant’s history and character, while required by statute, relates only to the discretionary imposition of sentence within the permissible range.
Facts
Rivera was convicted of unauthorized use of a vehicle in the second degree. The prosecution sought to sentence him as a persistent felony offender, based on his prior felony convictions. Rivera objected, arguing the sentencing procedure violated his Sixth Amendment right to a jury trial under Apprendi. The trial court, relying on People v. Rosen, overruled Rivera’s objection and held a hearing. The People presented evidence of Rivera’s prior felony convictions and extensive criminal history. The court found Rivera to be a persistent felony offender and sentenced him to 15 years to life.
Procedural History
The trial court convicted Rivera and sentenced him as a persistent felony offender. The Appellate Division affirmed the trial court’s decision, citing People v. Rosen. Rivera appealed to the New York Court of Appeals, arguing that the persistent felony offender statutes violated his Sixth Amendment right to a jury trial. The New York Court of Appeals affirmed the Appellate Division’s order, upholding the constitutionality of the statutes.
Issue(s)
- Whether New York’s persistent felony offender statutes (Penal Law § 70.10 and Criminal Procedure Law § 400.20) violate the Sixth Amendment by allowing a judge, rather than a jury, to determine whether to impose an enhanced sentence.
Holding
- No, because the prior felony convictions are the sole determinant of whether a defendant is subject to recidivist sentencing as a persistent felony offender, and the Supreme Court has held that a judge may find the fact of a prior conviction without violating the Sixth Amendment.
Court’s Reasoning
The Court of Appeals reasoned that under New York law, a defendant becomes eligible for persistent felony offender sentencing based solely on the fact of two prior felony convictions. Citing Almendarez-Torres v. United States, the Court acknowledged the Supreme Court’s holding that a judge may find the fact of a prior conviction without violating the Sixth Amendment. The Court emphasized that Criminal Procedure Law § 400.20, by authorizing a hearing on facts relating to the defendant’s history and character, does not grant defendants a legal entitlement to have those facts receive controlling weight in influencing the court’s opinion. "The statutory language requiring the sentencing court to consider the specified factors and to articulate the reason for the chosen sentence grants defendants a right to an airing and an explanation, not a result." The Court distinguished the case from Apprendi and its progeny, which involved judicial fact-finding regarding elements of the crime itself, rather than traditional sentencing considerations. The Court noted that the Appellate Division retains the discretion to review sentences and ameliorate harshness in the interest of justice.