Echevarria v. Marks

Memorandum: Petitioner commenced this original CPLR article 78 proceeding seeking to prohibit respondent from proceeding with resentencing or any other proceedings with respect to a specified indictment. The record establishes that in March 1999 petitioner was sentenced to a determinate term of incarceration of five years along with two lesser indeterminate sentences after pleading guilty under that indictment to, inter alia, rape in the first degree. Respondent failed to advise petitioner at the time of sentencing of the mandatory period of postrelease supervision and, upon his subsequent…