PEOPLE v. WILLIAMS, 14 N.Y.3d 924 (2010)

931 N.E.2d 539, 905 N.Y.S.2d 555

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVIN WILLIAMS, Appellant.

No. 169 SSM 24.Court of Appeals of the State of New York.
Decided June 17, 2010.

APPEAL, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 8, 2009. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Carol Berkman, J.), which had resentenced defendant, as a second violent felony offender, to a term of seven years imprisonment with five years postrelease supervision.

People v Williams, 66 AD3d 440, reversed.

Page 925

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.

Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT
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 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]).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.