PEOPLE v. MINAYA


54 N.Y.2d 360 (1981)

The People of the State of New York, Appellant, v. Esteban Minaya, Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1981.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Howard Birnbach and Alan Marrus of counsel), for appellant.

Miriam J. Hibel and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and FUCHSBERG concur with Judge WACHTLER; Judge MEYER dissents and votes to affirm in a separate opinion in which Judge JONES concurs.


WACHTLER, J.

The question on this appeal is whether a court which mistakenly sentenced a defendant to three years, instead of eight years as agreed at the time of plea, could correct its error a few months later without violating either the statutory prohibition against changing sentences (CPL 430.10) or the defendant's constitutional rights under the double jeopardy clause. The trial court held the error correctable...

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