People v. Miller

O’Connor, J.,

dissents and votes to modify the judgment appealed from by vacating the sentence imposed and to thereupon remit the matter to the County Court, Rockland County, for resentence in accordance with the following memorandum: In my view, the majority decision flies in the face of the clear and unequivocal rule enunciated in North Carolina v Pearce (395 US 711, 723). That rule, restated by this court in People v Simone (78 AD2d 685), prohibits a court from imposing a greater sentence following retrial in the absence of objective information appearing affirmatively on the record…