PEOPLE v. VAN PELT


76 N.Y.2d 156 (1990)

The People of the State of New York, Respondent, v. Edward Van Pelt, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1990.


Attorney(s) appearing for the Case

Frank A. Brady and Philip L. Weinstein for appellant.

William L. Murphy, District Attorney (Yolanda L. Rudich and Karen F. McGee of counsel), for respondent.

Lawrence S. Goldman, Frederick J. Jacobs, Roanne Mann and Lawrence B. Pedowitz for Criminal Law Committee, Association of the Bar of the City of New York, amicus curiae.

Jonathan E. Gradess and Yolanda Villa for the New York State Defenders Association, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

Defendant's first trial and conviction resulted in a reversal by the Appellate Division for jury instructional error. The second jury trial resulted again in a conviction and in a higher sentence imposed by a different Justice. The Appellate Division affirmed and a Judge of this court granted leave to appeal. The issue is whether an enhanced sentence, under these circumstances, offends State constitutional...

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