People v. Cass

Spain, J.P.

Defendant contends, among other things, that the imposition of the postrelease supervision violated the Double Jeopardy Clause of the 5th Amendment to the US Constitution. It is settled that where “a defendant is released from custody and returns to the community after serving the period of incarceration that was ordered by the sentencing court, and the time to appeal the sentence has expired or the appeal has been finally determined,” a legitimate expectation of the original sentence’s finality arises and double jeopardy precludes the modification of that sentence to include a…