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SAILOR v. SCULLY

No. 346, Docket 87-2289.

836 F.2d 118 (1987)

James SAILOR, Petitioner-Appellee, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Robert Abrams, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 30, 1987.

Attorney(s) appearing for the Case

Richard E. Weill, Deputy Dist. Atty., White Plains, N.Y. (Carl A. Vergari, Dist. Atty., White Plains, N.Y., on the brief), for respondents-appellants.

David B. Weisfuse, Legal Aid Society of Westchester County, White Plains, N.Y., for petitioner-appellee.

Before FEINBERG, Chief Judge, NEWMAN and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal by officials of the State of New York presents primarily an issue concerning the application of the Double Jeopardy Clause to sentencing proceedings. The issue arises on an appeal by Charles Scully, the Superintendent of Green Haven Correctional Facility, and Robert Abrams, Attorney General of New York, from a judgment of the District Court for the Southern District of New York (Irving Ben Cooper, Judge). The judgment conditionally...

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