New York

Blakely v. Washington in New York Law

How Blakely v. Washington applies in New York: state-specific rules, key cases, and bar exam notes for Criminal Procedure.

State Approach

In New York, the principles established in Blakely require that any judicial fact-finding that increases a defendant's sentence must be made by a jury beyond a reasonable doubt. This aligns with New York's commitment to ensure that sentence enhancements are grounded in juror determination, thereby upholding the right to a jury trial.

State Rule
In New York, mandatory sentencing enhancements that rely on judicial findings as opposed to jury determinations contravene the Sixth Amendment as articulated by Blakely.
Significant State Cases

People v. Green

The New York Court of Appeals ruled that enhancements based on judicial fact-finding were unconstitutional, citing the precedent set in Blakely v. Washington.

Comparison to Federal Law

New York's application of the Blakely principles closely mirrors the federal approach, which mandates that any fact that increases a sentence must be submitted to a jury for determination. However, state discretion in the application of these principles may lead to slight variations in implementation across jurisdictions.

Bar Exam Note

Understanding the implications of Blakely v. Washington is crucial for the New York bar exam, particularly in Criminal Procedure sections that address jury rights and sentencing guidelines.

Practice Pointers
  • Always verify whether any sentence enhancement is based on jury findings to determine constitutional compliance.
  • When arguing sentencing issues, reference the right to a jury trial as protected under Blakely.
  • Stay informed on recent New York case law addressing the intersections of state sentencing and jury rights.

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