People v. Daniels
Cases that cite this one
9 later published cases cite this decision.
- People v. Hilton (Appellate Division of the Supreme Court of New York 2006)
- People v. Dingle (Appellate Division of the Supreme Court of New York 2017)
- People v. Quinones (N.Y. 2009)
- People v. Eberhart (Appellate Division of the Supreme Court of New York 2008)
- People v. Madrid (Appellate Division of the Supreme Court of New York 2008)
- People v. Phillips (Appellate Division of the Supreme Court of New York 2008)
- People v. Campbell (Appellate Division of the Supreme Court of New York 2007)
- People v. Rivera (Appellate Division of the Supreme Court of New York 2006)
- People v. Gil (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
The order of the Appellate Division in each case should be af *740 firmed. Defendants seek to have their persistent felony offender sentences (Penal Law § 70.10; CPL 400.20) vacated. In contrast to People v Rivera (5 NY3d 61 [2005]), defendants did not preserve their claims under Apprendi v New Jersey (530 US 466 [2000]). The prosecution argues that this failure precludes our review of the issue, while defendants contend that an alleged Apprendi violation goes to the mode of proceedings and does not require preservation. Even if an Apprendi violation may be raised as an unpreserved mode of proceedings error (see People v Rosen, 96 NY2d 329, 335 [2001]), defendants would not prevail on the merits (see Rivera).
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In each case: Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.