| People v Williams |
| 2010 NY Slip Op 05285 [14 NY3d 924] |
| June 17, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 18, 2010 |
| The People of the State of New York, Respondent, v Ivin Williams, Appellant. |
Decided June 17, 2010
People v Williams, 66 AD3d 440, reversed.
APPEARANCES OF COUNSEL
Center for Appellate Litigation, New York City (Mark W. Zeno and Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Matthew C. Williams of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be reversed, the resentence vacated and the original sentence reinstated.
In June 2001, defendant pleaded guilty to attempted first-degree robbery and was [*2]promised a sentence of seven years imprisonment. Postrelease supervision (PRS) was not discussed during the plea proceeding or at sentencing. In November 2008—more than one year after defendant was released from prison—defendant returned to court and Supreme Court, in error, resentenced him, adding a five-year period of PRS. The Double Jeopardy Clause of the Federal Constitution precludes a court from adding PRS to a defendant's sentence once the defendant has already been released from imprisonment (see People v Williams, 14 NY3d 198, 217 [2010]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.