Legal Opinion
People v. Brinson
New York Court of Appeals
Decided June 26, 2013PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
In these unrelated cases, each defendant claims that the imposition of mandatory postrelease supervision (PRS) to his determinate sentence at resentencing violates the Fifth Amendment Double Jeopardy Clause of the federal constitution. Defendants claim that they have completed their determinate sentences, therefore imposition of PRS violates the prohibition against multiple punishments. We conclude that the respective resentences do not constitute violations of the Double Jeopardy Clause because defendants do not have a legitimate expectation of finality until…
2Cases cited10 opinions
- United States v. DiFrancescoSupreme Court of the United States · 1980
- People v. LingleNew York Court of Appeals · 2011
- People v. SparberNew York Court of Appeals · 2008
- People v. WilliamsNew York Court of Appeals · 2010
- People v. RichardsonNew York Court of Appeals · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. SmithDistrict Court, S.D. New York · 2014
- Smith v. WenderlichCourt of Appeals for the Second Circuit · 2016
- Dawes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Ortiz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- People v. NovaAppellate Division of the Supreme Court of the State of New York · 2014
20 more not listed; retrieve them via the Exa API.