PEOPLE v. SAILOR


65 N.Y.2d 224 (1985)

The People of the State of New York, Respondent, v. James Sailor, Also Known as Leroy Cooper, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1985.


Attorney(s) appearing for the Case

David B. Weisfuse and Stephen J. Pittari for appellant.

Carl A. Vergari, District Attorney (Richard E. Weill and Gerald D. Reilly of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN and ALEXANDER concur with Judge SIMONS; Judge KAYE dissents and votes to reverse in a separate opinion in which Judge MEYER concurs; Judge TITONE taking no part.


SIMONS, J.

Defendant has been convicted after trial of several offenses arising out of a 1978 bank robbery. He does not contest the validity of these convictions; rather, he insists that the sentence imposed upon him as a second felony offender violates the double jeopardy clause of both the United States Constitution (US Const 5th amend), made applicable to the States through the 14th Amendment (US Const 14th...

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