PEOPLE v. SHANKS

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 such that defendant's legitimate expectation of finality was not violated (see, People v. Williams, 87 N.Y.2d 1014; Stewart v. Scully, 925 F.2d 58). Even if the new sentence were to be viewed as violating defendant's plea agreement, the proper remedy would be vacatur of the plea, a remedy defendant has not pursued either at resentencing or on appeal (see, People v. DeValle, N.Y.2d [Jan 11, 2000], 2000 N.Y. LEXIS 39).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.