People v. Miernik

—Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to two counts of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [2]) charged under separate superior court informations. Both informations accused defendant of using the same stolen credit card on the same day, but at different locations. Although defendant forfeited the right to raise a statutory claim of double jeopardy (see, CPL 40.20) when he pleaded guilty to the offenses, his guilty plea did not extinguish his constitutional claim of double jeopardy (see, People v Prescott, 66 NY2d 216,…