People v. Locenitt

Criminal Practice

, New York Law Journal


Justice Vincent Del Guidice

Locenitt was convicted of criminal possession of a weapon. Defense counsel's motion to set aside the verdict was denied, and a hearing was scheduled before sentencing to determine if Locenitt should be sentenced as a persistent felony offender. Prosecutors filed copies of certificates of conviction for each of Locenitt's three prior felony convictions confirming that for each Locenitt was sentenced to a term of imprisonment in excess of one year. The court found Locenitt's attitude of disrespect and defiance during numerous appearances before the court, and his wanton disregard make him a "menace to society." The court found prosecutors met their burden of proving beyond a reasonable doubt, and under Penal Law 70.10(1) that Locenitt was eligible to be sentenced as a persistent felony offenders, thus could be subjected to an enhanced sentence, including lifetime parole. The court concluded, after reviewing all submitted evidence, and based on Locenitt's history and character, the public interest would best be served if he was sentenced to an enhanced sentence including lifetime supervision under 70.10(2). Therefore, the court adjudicated Locenitt a persistent felony offender.

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