Opinion
2000-06008
Submitted March 14, 2002.
September 10, 2002.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Firetog, J.), imposed May 24, 2000, upon a judgment convicting him of manslaughter in the first degree, rendered November 10, 1998, upon his plea of guilty.
Sally Wasserman, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
As the People correctly concede, under the circumstances of this case, the defendant established a legitimate expectation in the finality of his original maximum sentence of 18 years' imprisonment, and the Supreme Court's imposition of a maximum term of imprisonment of more than 18 years upon resentencing the defendant violated the prohibition against double jeopardy (see Stewart v. Scully, 925 F.2d 58, 62-65; People v. Hoppie, 220 A.D.2d 528, 529). The illegality of the defendant's original sentence should have been corrected by reducing the minimum term of imprisonment to one-third of the maximum.
SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.