Failure of a Double Jeopardy Claim Example in New York

In People v. Williams (87 NY2d 1014, 666 NE2d 174, 643 NYS2d 469 [1996], the Court of Appeals held that the trial court could resentence the defendant; however, that defendant was resentenced one week after the imposition of the original sentence. Because Williams had been told at his plea that he might receive 15 years' incarceration, and upon resentence was sentenced to less than 15 years, the sentence was not increased beyond his legitimate expectation, and therefore, his double jeopardy claim failed.