New York Court of Appeals

People v. Hernandez

February 18, 202543 N.Y.3d 591

Summary

The Court of Appeals affirmed defendant's sentence as a persistent violent felony offender. It held that the statutory 10-year lookback period is extended by all incarceration occurring between commission of the prior felony and commission of the current felony, including presentence incarceration on the prior felony. The court also declined to consider defendant's constitutional challenge because it was unpreserved.