People v. Keenan

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 resentencing 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…