People v. Barkley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, P.J.
We affirm. Defendant first contends that the imposition of the three-year conditional discharge, in addition to his prison sentence, constituted a violation of the constitutional prohibition against double jeopardy. However, “[a]s long as the Legislature intended to impose cumulative punishments for a single offense, ... no constitutional double jeopardy claim is implicated” (People v Gonzalez, 99 NY2d 76, 82 [2002]). As relevant here, when a person is convicted of driving while intoxicated under Vehicle and Traffic Law § 1192 (2), “the court may sentence such person to a period of…
2Cases cited3 opinions
- People v. GonzalezNew York Court of Appeals · 2002
- People v. CabanAppellate Division of the Supreme Court of the State of New York · 2011
- People v. IadiciccoAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by4 opinions
- Allen v. New York State Department of Motor VehiclesNew York Supreme Court · 2014
- People v. CoonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. VanbuskirkAppellate Division of the Supreme Court of the State of New York · 2015
- Brown v. New York State Department of Motor VehiclesNew York Supreme Court · 2014