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Persistent-felon law faulted

Mon, Apr 5th 2010 12:00 am
ALBANY(AP) - A federal appeals court says New York's law for imposing stiffer prison sentences on persistent felony offenders violates their constitutional rights.

The 2nd Circuit U.S. Court of Appeals panel is sending four cases back to lower courts to determine whether sentencing errors in each were harmless.

Under the state statute, defendants convicted of two prior low-level felonies could be sentenced to 10 times longer for a third offense, up to 15 years to life in prison.

The actual sentence is subject to judicial review of a defendant's history, character, the nature of the crime and the public interest.

Citing a 2004 U.S. Supreme Court ruling, the three-judge panel said Wednesday that gives to much discretion to the sentencing judge.