New York Court of Appeals
The People of the State of New York v. James Morse, Appellant the People of the State of New York v. Curtis…
May 17, 198462 N.Y.2d 205
Summary
The Court of Appeals held that New York's second and persistent violent felony offender statutes may be applied retroactively to offenses later classified as violent felonies without violating the Ex Post Facto Clause, that the statutes require sequential prior convictions, and that omissions in predicate information regarding guilty pleas do not constitute due‑process or jurisdictional defects; it vacated the persistent violent felony adjudications for Morse and Frank and remanded for resentencing as second violent felony offenders, while affirming the other appeals.