Legal Opinion

Betances v. Fischer

District Court, S.D. New York

Decided January 28, 2015No. 11 Civ. 3200(SAS)PublishedCited by 19 opinions

1Opinion of the Court

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Beginning in 1998, New York mandated that certain violent felonies be punished by a determinate prison sentence followed by a mandatory term of parole, known as post-release supervision (“PRS”).1 The governing statute did not require that the term of PRS be announced by the judge at sentencing. In thousands of cases where the judge did not impose a term of PRS at sentencing, the New York State Department of Correctional Services (“DOCS”) imposed PRS on convicted felons either before or as they were released from prison and…

2Cases cited41 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Comcast Corp. v. BehrendSupreme Court of the United States · 2013
  5. Amgen Inc. v. Connecticut Retirement Plans and Trust FundsSupreme Court of the United States · 2013

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3Cited by19 opinions

  1. Carpenters Pension Trust Fund v. Barclays PLCDistrict Court, S.D. New York · 2015
  2. Hassell v. FischerCourt of Appeals for the Second Circuit · 2018
  3. Reyes v. FischerCourt of Appeals for the Second Circuit · 2019
  4. Douglin v. GreatBanc Trust Co.District Court, S.D. New York · 2015
  5. Betances v. FischerDistrict Court, S.D. New York · 2015

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