Opinion
No. 170 SSM 25.
Decided June 17, 2010.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 22, 2009. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Rena K. Uviller, J.), which had resentenced defendant to a term of imprisonment of 3V2 years and five years postrelease supervision.
People v Hassell, 66 AD3d 575, reversed.
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
The order of the Appellate Division should be reversed, the resentence vacated and the original sentence reinstated.
In November 2002, defendant pleaded guilty to second-degree assault and was promised a sentence of 372 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. Moreover, Supreme Court did not pronounce PRS at sentencing. In December 2008"more than nine months 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).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, etc.