The following excerpt is from People v. Morse, 465 N.E.2d 12, 476 N.Y.S.2d 505, 62 N.Y.2d 205 (N.Y. 1984):
Furthermore, this case does not involve a statute which, as unmodified, is either constitutionally infirm, lacking in rationale or fundamentally unjust, and, therefore, would warrant a heightened exercise of judicial scrutiny. (See United States v. Carolene Prods. Co., 304 U.S. 144, 152-153, n. 4, 58 S.Ct. 778, 783, n. 4, 82 L.Ed. 1234). Rather, this is simply a case where the majority deduces from the legislative history of related statutes a different policy from that enunciated in the subject statute as it is written. An examination of the statutory scheme for repeat felony offenders clearly demonstrates that under the persistent-violent statute there is no requirement for multiple separate prior sentences. Rather, multiple prior convictions are sufficient to trigger its enhanced sentencing provisions.
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