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PEOPLE v. WILLIAMS

No. 169 SSM 24.

14 N.Y.3d 924 (2010)

931 N.E.2d 539

905 N.Y.S.2d 555

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVIN WILLIAMS, Appellant.

Court of Appeals of New York.

Decided June 17, 2010.

Attorney(s) appearing for the Case

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.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, the resentence vacated and the original sentence reinstated.

In June 2001, defendant pleaded guilty to attempted first-degree robbery and was promised a sentence of seven years imprisonment. Postrelease supervision (PRS) was not discussed during the plea proceeding or at sentencing. In November 2008—more than one year after defendant was released from...

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