KABOOM!
Second Circuit has ruled that the New York State Discretionary Persistent Felony Offender Statute is unconstitutional under Blakely and Cunningham! Cases remanded for determination in each case whether the error is harmless.
Decision here.
DISCLOSURE/DISCLAIMER (I still can't decide what's the right term here): I am one of the attorneys in this case. So, unfortunately, I won't be providing any analysis.
Did I mention that I was on vacation this week?
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