People v. Henriques

Appeal by the defendant (1) from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered June 7, 2004, convicting him of criminally negligent homicide, upon a jury verdict, and sentencing him to five years probation, and (2), by permission, from an order of the same court dated January 5, 2005, which denied his motion pursuant to CEL 440.20 to vacate his sentence as violative of the constitutional provisions against double jeopardy.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed and substituting therefor a sentence of time served; as so…