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People v. Williams

311 N.E.2d 650, 34 N.Y.2d 657, 355 N.Y.S.2d 578, 1974 N.Y. LEXIS 1661
CourtNew York Court of Appeals
DecidedMarch 29, 1974
StatusPublished
Cited by10 cases

This text of 311 N.E.2d 650 (People v. Williams) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Williams, 311 N.E.2d 650, 34 N.Y.2d 657, 355 N.Y.S.2d 578, 1974 N.Y. LEXIS 1661 (N.Y. 1974).

Opinion

Memorandum. The order of the Appellate Division should be reversed and the proceedings remitted to Supreme Court, Bronx County, for resentence, which shall be limited to a maximum of three years, under whatever sentencing provision may be lawfully applicable.

While the resentence in the present case does not fall precisely under the formulation in North Carolina v. Pearce (395 U. S. 711) it is violative of the spirit and purpose of the reasoning in that case. The possibility of a resentence with a longer maximum term would discourage a prisoner from pursuing a collateral attack on his sentence, however benevolent the purpose of the resentence. It suffices that the prisoner was not responsible for the conditions which brought about, from his point of view, a more severe sentence. Absent postjudgment conduct by a prisoner meriting a more severe sentence, one should not be imposed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur.

Order reversed and case remitted to Supreme Court, Bronx County, for further proceedings in accordance with memorandum herein.

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Cite This Page — Counsel Stack

Bluebook (online)
311 N.E.2d 650, 34 N.Y.2d 657, 355 N.Y.S.2d 578, 1974 N.Y. LEXIS 1661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williams-ny-1974.