Legal Opinion

Medina v. New York State Department of Correctional Services

New York Supreme Court

Decided January 7, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Michael C. Lynch, J.

Petitioner Louis Medina, an inmate at the Gouverneur Correctional Facility, commenced this CPLR article 78 proceeding seeking review of a determination by respondent New York State Department of Correctional Services (DOCS) to impose a five-year period of postrelease supervision on his sentence pursuant to Penal Law § 70.45. By decision and order dated August 15, 2008 (Lynch, J.), this court granted the petition, because, as the most recent cases from the Appellate Division and “the Court of Appeals make clear, only the sentencing judge is authorized to…

2Cases cited3 opinions

  1. People v. SparberNew York Court of Appeals · 2008
  2. Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
  3. Smiley v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API