People v Sabater

Holding The court held that the Supreme Court’s decision in Erlinger v United States does not require a jury to determine tolling periods for prior convictions under New York’s persistent felony offender statutes. Such determinations are considered rote arithmetic calculations based on certified public records and fall within the Almendarez-Torres exception allowing judicial findings of prior convictions.

The court’s words

Erlinger does not apply to the tolling protocol contained in New York's predicate felony sentencing statutes

2026 NY Slip Op 05459, at the official text

These involve a rote arithmetic calculation to be made based on certified public records

2026 NY Slip Op 05459, at the official text

the sentencing court was permitted to determine the tolling periods necessary to establish defendant's eligibility for persistent violent felony offender sentencing

2026 NY Slip Op 05459, at the official text