"The other crime" is an element...aka "fact" that must exist under the law for New York Penal Law §175.10 to be upgraded to a felony. It must exist. It cannot just be insinuated or suggested. The law only considers a crime existing for legal purpose through the finding of a unanimous jury conviction of all elements that created legal exposure for the defendant.
For instance, robbery does not become "armed robbery" because the judge told the jury that they could consider that the defendant was armed somehow, someway.....maybe, just maybe some you think he had a gun.....maybe, just maybe some of you think he had a knife.....maybe with a.........a......sling shot even???? Hell....he doesn't really know for sure....but it was something or other. LOL
By adding the charge to being "armed" the defendant is now has exposure to an ehanced conviction.....and thus an ehanced sentence. Therefore, the armed part must be proven unanimously by a jury. Telling the jury they pick from a smorgasboard of simple accusations doesn't come close to reach the unanimity required by law.
Dummy.
Yes, it gives discretion to the judge in sentencing to decide the penalty once a conviction comes down. The caveat there being "up to the maximum sentence" per the law the defendant was convicted of. Say, a defendant was convicted of tax evasion and the law stated the maximum prison sentence was 5 years for that crime. The judge has discretion UP THE MAXIMUM. That means the judge can give 5 years....or any number less than that. The judge, however, CANNOT give a sentence greater than 5 years without the conviction of a greater offense by a jury. You actually just shot your own case down. The jury decided THE CRIME. The judge hands the sentence for THAT crime.
Wrong. That instruction given by Merchan to the jury was unconstitutional
Andrew Salemme examines potential violations of Trump’s jury trial rights under Apprendi v. United States:.
tuckerlaw.com
Seth Tillman argues that Justice Merchan's jury instructions in Manhattan trial may have denied former President Trump the right to a unanimous verdict.
www.justsecurity.org