People v Gardner

Holding The court held that the United States Supreme Court’s decision in Erlinger v United States does not require a jury to determine whether a defendant committed a predicate felony within the ten-year lookback period for second felony offender status. Instead, judges are constitutionally permitted to make these findings, including calculations regarding tolling periods, without a jury.

The court’s words

the decision in Erlinger does not alter the landscape of New York's predicate felony offender statutes

2026 NY Slip Op 05809, at the official text

the tolling calculation under the subject predicate felony offender statutes does not involve an inquiry into the underlying facts that led to the predicate convictions

2026 NY Slip Op 05809, at the official text

the Constitution does not entitle a defendant to a jury determination on the issue of whether a predicate offense was committed within 10 years of the commission of the instant offense

2026 NY Slip Op 05809, at the official text