Prendergast v. State of New York Department of Corrections
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered November 30, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding that petitioner’s prison sentence included a period of postrelease supervision.
As is relevant here, petitioner was sentenced as a second felony offender to a 15-year prison term upon his conviction after trial of robbery in the first degree (see People v Prendergast, 27 AD3d 487 [2006], lv denied 6 NY3d 851 [2006]). The sentencing court did not impose a…
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