Legal Opinion

Prendergast v. State of New York Department of Corrections

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2008PublishedCited by 2 opinions

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…

2Cases cited6 opinions

  1. Sean Earley v. Timothy MurrayCourt of Appeals for the Second Circuit · 2006
  2. Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
  3. Dreher v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  4. Quinones v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  5. Donhauser v. GoordAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by2 opinions

  1. Michael Matzell v. Anthony J. AnnucciCourt of Appeals for the Second Circuit · 2023
  2. Frederick v. StateNew York Court of Claims · 2009

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