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People v. Campanella

297 A.D.2d 642, 746 N.Y.2d 905, 746 N.Y.S.2d 905, 2002 N.Y. App. Div. LEXIS 8266
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 9, 2002
StatusPublished
Cited by4 cases

This text of 297 A.D.2d 642 (People v. Campanella) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Campanella, 297 A.D.2d 642, 746 N.Y.2d 905, 746 N.Y.S.2d 905, 2002 N.Y. App. Div. LEXIS 8266 (N.Y. Ct. App. 2002).

Opinion

As the People correctly concede, under the circumstances of this case, the defendant established a legitimate expectation in the finality of his original maximum sentence of 18 years’ imprisonment, and the Supreme Court’s imposition of a maximum term of imprisonment of more than 18 years upon [643]*643resentencing the defendant violated the prohibition against double jeopardy (see Stewart v Scully, 925 F2d 58, 62-65; People v Hoppie, 220 AD2d 528, 529). The illegality of the defendant’s original sentence should have been corrected by reducing the minimum term of imprisonment to one third of the maximum. Florio, J.P., Feuerstein, Krausman and Crane, JJ., concur.

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Related

People v. DePerno
111 A.D.3d 1058 (Appellate Division of the Supreme Court of New York, 2013)
People v. Washington
21 Misc. 3d 349 (New York Supreme Court, 2008)
People v. Somerville
33 A.D.3d 733 (Appellate Division of the Supreme Court of New York, 2006)

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Bluebook (online)
297 A.D.2d 642, 746 N.Y.2d 905, 746 N.Y.S.2d 905, 2002 N.Y. App. Div. LEXIS 8266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campanella-nyappdiv-2002.