PEOPLE v. SHANKS


272 A.D.2d 153 (2000)

708 N.Y.S.2d 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD SHANKS, Appellant.

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

Decided May 11, 2000.


The court's vacatur of the unlawful determinate sentence of 7 years originally imposed and its imposition of the lawful sentence of 5 to 10 years did not violate the prohibition against double jeopardy. Given all relevant legal and practical considerations concerning parole and conditional release, the two sentences were sufficiently comparable that defendant's legitimate expectation of finality was not violated (see, People...

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