86 Misc.3d 411
N.Y. Sup. Queens2025Background
- Lionel Jackson was convicted by a jury of burglary and related offenses in Queens County, New York in 2024.
- Jackson had multiple prior violent felony convictions, most of which had been sentenced on the same day in 2001; an older qualifying conviction existed from 1991.
- The prosecution sought to sentence Jackson as a persistent violent felony offender under New York law, PL §70.08.
- Jackson moved to be sentenced as a first-time violent felony offender, arguing the recent U.S. Supreme Court case Erlinger v. United States requires a jury—and not a judge—to determine certain sentencing facts.
- The procedural issue centered on whether facts relevant to “tolling” (timing between convictions and incarcerations) must be proven to a jury.
Issues
| Issue | Jackson's Argument | People's Argument | Held |
|---|---|---|---|
| Does Erlinger v. United States require a jury to decide tolling and other recidivism-related facts for enhanced sentencing under New York's persistent violent felony laws? | Erlinger requires all facts (including tolling and prior incarceration dates) to be proven to a jury beyond a reasonable doubt. | Almendarez-Torres exception remains; a judge can determine the fact of a prior conviction and related neutral facts. | No jury is required for tolling-related recidivism facts; Almendarez-Torres remains good law and Erlinger did not change this. |
Key Cases Cited
- Almendarez-Torres v. United States, 523 U.S. 224 (exception allowing judges to determine the fact of a prior conviction for recidivist sentencing)
- Apprendi v. New Jersey, 530 U.S. 466 (only prior convictions may be judicially found for enhanced sentencing; all other facts increasing statutory maximum must go to jury)
- Erlinger v. United States, 602 U.S. 821 (jury must find fact that increases statutory penalty, but expressly preserves Almendarez-Torres exception)
- People v. Rosen, 96 N.Y.2d 329 (New York Court of Appeals upholds constitutionality of persistent felony offender structure post-Apprendi)
- People v. Leon, 10 N.Y.3d 122 (discusses permissible judicial findings involving "who, what, when, and where" of prior convictions)