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People v. Williams

Court of Appeals of the State of New York
Mar 29, 1974
34 N.Y.2d 657 (N.Y. 1974)

Summary

In People v Williams (34 N.Y.2d 657, 658), the Court of Appeals dealt with the resentence which increased the original sentence imposed, not after successful appeal and retrial, but, as here, after successful collateral attack.

Summary of this case from People v. Reyes

Opinion

Argued March 26, 1974

Decided March 29, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IVAN WARNER, J.

Joseph Alan Kaplan, William Gallagher and Bonnie Brower for appellant. Mario Merola, District Attorney ( Charles S. Fax of counsel), for respondent.


MEMORANDUM. The order of the Appellate Division should be reversed and the proceedings remitted to Supreme Court, Bronx County, for resentence, which shall be limited to a maximum of three years, under whatever sentencing provision may be lawfully applicable.

While the resentence in the present case does not fall precisely under the formulation in North Carolina v. Pearce ( 395 U.S. 711) it is violative of the spirit and purpose of the reasoning in that case. The possibility of a resentence with a longer maximum term would discourage a prisoner from pursuing a collateral attack on his sentence, however benevolent the purpose of the resentence. It suffices that the prisoner was not responsible for the conditions which brought about, from his point of view, a more severe sentence. Absent postjudgment conduct by a prisoner meriting a more severe sentence, one should not be imposed.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

Order reversed and case remitted to Supreme Court, Bronx County, for further proceedings in accordance with memorandum herein.


Summaries of

People v. Williams

Court of Appeals of the State of New York
Mar 29, 1974
34 N.Y.2d 657 (N.Y. 1974)

In People v Williams (34 N.Y.2d 657, 658), the Court of Appeals dealt with the resentence which increased the original sentence imposed, not after successful appeal and retrial, but, as here, after successful collateral attack.

Summary of this case from People v. Reyes
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY WILLIAMS…

Court:Court of Appeals of the State of New York

Date published: Mar 29, 1974

Citations

34 N.Y.2d 657 (N.Y. 1974)
355 N.Y.S.2d 578
311 N.E.2d 650

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