People v. Williams

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…