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 the imposition of post‑release supervision (PRS) at resentencing after a defendant has completed the determinate term of imprisonment and the time to appeal has expired. It affirmed that CPL 440.40 does not limit a court’s inherent power to correct an illegal sentence, that CPL 380.30 does not bar resentencing here, and that Penal Law § 70.85 permits a court to decline PRS only with district‑attorney consent. Accordingly, the appellate courts' orders rescinding the resentences for Williams, Hernandez, Lewis and Rodriguez were reversed and remanded, while the order in Echevarria was affirmed. The opinion was accompanied by dissenting opinions from Judges Pigott and Smith.