New York Court of Appeals
The People of the State of New York, Respondent v. Calvin Battles, Appellant
December 14, 201016 N.Y.3d 54
Summary
The New York Court of Appeals held that consecutive sentences are permissible for the depraved indifference murder and assault convictions relating to Ronald Davis, Gregory Davis, and Arthur Elliott, but the sentence for Stephen Wheeler must run concurrently, and affirmed the constitutionality of New York's persistent felony offender sentencing scheme under Apprendi. Chief Judge Lippman and Judge Jones dissented, arguing the scheme violates the Sixth Amendment and that all sentences should be concurrent.