Legal Opinion

People v. Barkley

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

Decided January 30, 2014PublishedCited by 4 opinions

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

  1. People v. GonzalezNew York Court of Appeals · 2002
  2. People v. CabanAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. IadiciccoAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by4 opinions

  1. Allen v. New York State Department of Motor VehiclesNew York Supreme Court · 2014
  2. People v. CoonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. VanbuskirkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Brown v. New York State Department of Motor VehiclesNew York Supreme Court · 2014

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

Powered by the Exa API