Does Double Jeopardy Prohibit Imposition of Post-release Supervision in New York ?
In People v. Williams (14 NY3d 198, 925 NE2d 878, 899 NYS2d 76 ), five defendants received sentences that required a term of post release supervision (PRS).
No formal pronouncements of PRS were made at sentence and none were resentenced prior to being released from prison.
The issue before the Court of Appeals was whether serving out a term of imprisonment without a formal pronouncement of PRS bars resentencing.
The Court of Appeals held that there existed a "temporal limitation" at the time of release that created an expectation of finality on the original sentence.
The court further held that when a court had not formally pronounced a sentence of PRS, any resentencing after the time of release would violate double jeopardy. (Williams at 217-218.)