People v. Maldonado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
opinion of the court
Bracken, J.
On the instant appeal, the defendant challenges his resentencing as a second felony offender, claiming double jeopardy principles barred reconsideration of his second felony offender status since there was the substitution of a different predicate felony after the remand by this court for resentencing (on April 23, 1979), and since the substituted predicate felony conviction was unconstitutionally obtained. The resentence of defendant as a second felony *577offender on August 15, 1979, nunc pro tunc to November 17, 1977, was based upon a predicate felony conviction…
2Cases cited13 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Burks v. United StatesSupreme Court of the United States · 1978
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Bullington v. MissouriSupreme Court of the United States · 1981
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3Cited by9 opinions
- State v. CullenMissouri Court of Appeals · 1982
- People v. DrummondAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LicitraAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MontanyeAppellate Division of the Supreme Court of the State of New York · 1983
- People v. SailorNew York Court of Appeals · 1985
4 more not listed; retrieve them via the Exa API.