Legal Opinion

Betances v. Fischer

District Court, S.D. New York

Decided August 6, 2015No. 11-cv-3200 (SAS)PublishedCited by 7 opinions

1Opinion of the Court

*445 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. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Daniels v. WilliamsSupreme Court of the United States · 1986
  4. City of Oklahoma v. TuttleSupreme Court of the United States · 1985
  5. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974

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3Cited by7 opinions

  1. Chavez v. Occidental Chem. Corp.District Court, S.D. Illinois · 2018
  2. Tobias Bermudez Chavez v. Occidental Chemical Corp.Court of Appeals for the Second Circuit · 2019
  3. Betances v. FischerDistrict Court, S.D. New York · 2015
  4. Adams v. AnnucciDistrict Court, N.D. New York · 2021
  5. Aponte v. City of New YorkDistrict Court, S.D. New York · 2020

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