People v. Dell

In 2002 the defendant was convicted, after a jury trial, of robbery in the first degree and burglary in the first degree, and was sentenced to two consecutive 17-year prison terms, which sentence was modified, by this Court on appeal to run concurrently (see People v Dell, 11 AD3d 631 [2004]). Neither the sentencing minutes nor the order of commitment mentioned any period of postrelease supervision (hereinafter PRS).

In 2007, after the Department of Correctional Services administratively added a five-year period of PRS to his sentence, the defendant moved, pursuant to CPL 440.20, to vacate his…