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People v. Jordan

New York Court of Appeals


June 24, 2010

THE PEOPLE &C., RESPONDENT,
v.
GEORGE JORDAN, APPELLANT.

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

SSM 26

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.

20100624

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