Per Curiam
Rodriguez appealed from three judgments convicting him, on his guilty pleas, of petit larceny. He pleaded guilty to criminal possession of a controlled substance in satisfaction of the accusatory instrument. Rodriguez was allowed to participate in outpatient drug treatment instead of incarceration on the condition that if he was re-arrested or failed to complete the program, he would be sentenced to one year in prison. Rodriguez was charged with petit larceny and possession of stolen property based on a new incident. He was later arrested and charged with petit larceny, among other things, and pleaded guilty to three counts of petit larceny, despite other guilty pleas not being vacated, in satisfaction of the three accusatory instruments. Rodriguez argued double jeopardy was violated when he again pleaded guilty to offenses charged in two prior accusatory instruments. The panel found that while Rodriguez’s state statutory double jeopardy rights were forfeited by his guilty pleas, his constitutional claim survived. It stated absent vacatur of the prior two pleas, the last guilty plea, entered in satisfaction of the first two accusatory instruments, were barred, thus the judgments of conviction must be reversed and the two guilty pleas on the last instrument vacated.
