Opinion
October 10, 1995
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the amended sentence is modified, on the law, by reducing it to an indeterminate term of imprisonment of 2 2/3 to 8 years; as so modified, the amended sentence is affirmed.
We agree with the defendant that, under the unusual circumstances of this case, he established a legitimate expectation in the finality of his original sentence of 8 years' imprisonment, and the Supreme Court's imposition of a maximum term of imprisonment of more than 8 years upon resentencing the defendant violated the prohibition against double jeopardy (see, Stewart v. Scully, 925 F.2d 58). 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. Mangano, P.J., Sullivan, Balletta, Santucci and Krausman, JJ., concur.