New York Court of Appeals

People v. Hernandez

February 18, 20252025 NY Slip Op 00904

Summary

The court affirmed defendant’s classification as a persistent violent felony offender. It held that the statutory ten-year lookback period is extended by any incarceration occurring between commission of the prior felony and commission of the current felony, including presentence incarceration on the prior offense. The court also declined to reach defendant’s constitutional challenge because it was unpreserved.