New York Court of Appeals

The People of the State of New York, Respondent v. Darrell Williams, Appellant; the People of the State of New…

February 23, 201014 N.Y.3d 198

Summary

The Court held that the Double Jeopardy Clause bars resentencing to impose post‑release supervision after a defendant has completed his imprisonment and the appeal period has ended, vacating the resentences and reinstating the original sentences without PRS. The Court also found no statutory impediment to imposing PRS at resentencing when the district attorney consents. Two dissenting opinions argued that double jeopardy does not prohibit such resentencing and that the proper analysis should focus on due‑process limits.