New York Court of Appeals
In the Matter of Lawrence Campbell v. Michael Pesce, as Criminal Court Judge of City of New York, County of Kings
November 3, 198360 N.Y.2d 165
Summary
The Court held that after a sentence has begun, a court that accepted a plea in violation of the Criminal Procedure Law cannot vacate the illegal plea and reinstate the original felony charges; the original plea and sentence must be restored and further prosecution barred by double jeopardy.