Legal Opinion

People v. Maldonado

Appellate Division of the Supreme Court of the State of New York

Decided September 8, 1981PublishedCited by 9 opinions

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

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. United States v. DiFrancescoSupreme Court of the United States · 1980
  5. Bullington v. MissouriSupreme Court of the United States · 1981

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. CullenMissouri Court of Appeals · 1982
  2. People v. DrummondAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. LicitraAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. MontanyeAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. SailorNew York Court of Appeals · 1985

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API