James Sailor v. Charles Scully, Superintendent, Green Haven Correctional Facility, Robert Abrams, Attorney General of the State of New York

JON O. NEWMAN, Circuit Judge:

This appeal by officials of the State of New York presents primarily an issue concerning the application of the Double Jeopardy Clause to sentencing proceedings. The issue arises on an appeal by Charles Scully, the Superintendent of Green Haven Correctional Facility, and Robert Abrams, Attorney General of New York, from a judgment of the District Court for the Southern District of New York (Irving Ben Cooper, Judge). The judgment conditionally granted an application for a writ of habeas corpus submitted by James Sailor, discharging him from custody unless the…