PEOPLE v. MALDONADO


82 A.D.2d 576 (1981)

The People of the State of New York, Respondent, v. Anibal Maldonado, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 8, 1981


Attorney(s) appearing for the Case

William E. Hellerstein (Judith Preble of counsel), for appellant.

Eugene Gold, District Attorney (Allan P. Root and Beth S. Lasky of counsel), for respondent.

HOPKINS, J. P., RABIN and MARGETT, JJ., concur.


BRACKEN, J.

On the instant appeal, the defendant challenges his resentencing as a second felony offender, claiming double jeopardy principles barred reconsideration of his second felony offender status since there was the substitution of a different predicate felony after the remand by this court for resentencing (on April 23, 1979), and since the substituted predicate felony conviction was unconstitutionally obtained. The resentence of defendant as a...

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