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PEOPLE v. ACEVEDO

Nos. 129, 130.

17 N.Y.3d 297 (2011)

952 N.E.2d 1047

929 N.Y.S.2d 55

2011 NY Slip Op 5582

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BENITO ACEVEDO, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DIONIS COLLADO, Respondent.

Court of Appeals of New York.

Decided June 30, 2011.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Dana Poole and Hilary Hassler of counsel), for appellants in the first and second above-entitled actions.

Center for Appellate Litigation, New York City ( Jan Hoth and Robert S. Dean of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City ( Bruce D. Austern and Robert S. Dean of counsel), for respondent in the second above-entitled action.

Judges CIPARICK and SMITH concur with Chief Judge LIPPMAN; Judge PIGOTT concurs in result in a separate opinion in which Judges GRAFFEO and READ concur; Judge JONES dissents and votes to affirm in another opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The threshold, and we believe dispositive, issue on these appeals is whether a resentencing sought by a defendant to correct an illegally lenient sentence is effective to temporally resituate the sentence and thus alter the underlying conviction's utility as a predicate for enhanced sentencing. This common issue arises from the following facts in each of the above-captioned matters.

People v Acevedo

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