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NEW YORK COURT OF APPEALS

2010 NY Int. 127


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



2010 NY Slip Op 05605

Decided on June 24, 2010

No. 172 SSM 26

The People & c., Respondent,

v

George Jordan, 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 February 2003, defendant pleaded guilty to attempted first degree robbery and was promised a sentence of seven years imprisonment. Although postrelease supervision (PRS) was discussed during the plea proceeding, Supreme Court did not inform defendant of the specific term of PRS it intended to impose. At sentencing, although Supreme Court mentioned PRS again, it did not pronounce a specific period of PRS. In September 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 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 24, 2010