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NEW YORK COURT OF APPEALS

2010 NY Int. 120


This opinion is uncorrected and subject to revision before publication in the Official Reports.



2010 NY Slip Op 05285

Decided on June 17, 2010

No. 169 SSM 24

The People & c., Respondent,

v

Ivin Williams, Appellant.

Submitted by Mark W. Zeno, for appellant.

Submitted by Matthew C. Williams, 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 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, order reversed, the resentence vacated and the original sentence reinstated, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided June 17, 2010