People v. Prendergast
Opinion of the Court
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf, J), imposed April 28, 2008, upon his conviction of robbery in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict.
Ordered that the resentence is affirmed.
The defendant was convicted, after a jury trial, of robbery in the first degree and criminal possession of a weapon in the fourth degree and, in 2003, he was sentenced, as a second felony offender, to concurrent determinate terms of imprisonment of 15 years on the robbery count and 1 year on the weapon possession count. In 2008, the defendant was brought before the Supreme Court for resentencing, so that the mandatory five-year period of postrelease supervision (hereinafter PRS) could be imposed (see Penal Law § 70.45).
Contrary to the defendant’s contention, the Supreme Court possessed the inherent power to correct the illegal sentence it initially imposed upon the defendant by adding the required period of PRS to the sentence (see People v DeValle, 94 NY2d 870 [2000]; People v Williams, 87 NY2d 1014 [1996]; People v Hollis, 309 AD2d 764 [2003]). Moreover, under the circumstances of this case, the resentencing did not subject the defendant to double jeopardy (see Bozza v United States, 330 US 160 [1947]; People v Somerville, 33 AD3d 733 [2006]; cf. People v Williams, 14 NY3d 198 [2010]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.