Legal Opinion

People ex rel. Benton v. Warden

New York Supreme Court

Decided May 21, 2008PublishedCited by 3 opinions

1Opinion of the Court

*517OPINION OF THE COURT

Caesar. D. Cirigliano, J.

Petitioner seeks a writ of habeas corpus on the grounds that his due process rights have been violated by the administrative imposition of a period of postrelease supervision (hereinafter PRS) by the respondent New York State Division of Parole (hereinafter Division).

On May 30, 2002, the Honorable Evelyn L. Braun of Queens County Supreme Court sentenced petitioner to a determinate term of five years’ imprisonment for a single count of sexual abuse in the first degree. A period of PRS was not imposed at the time of sentence nor was a period of PRS…

2Cases cited19 opinions

  1. People v. SparberNew York Court of Appeals · 2008
  2. Sean Earley v. Timothy MurrayCourt of Appeals for the Second Circuit · 2006
  3. People v. HillNew York Court of Appeals · 2007
  4. Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
  5. People v. PerryNew York Court of Appeals · 1975

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3Cited by3 opinions

  1. State v. Randy M.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Nazario v. StateNew York Court of Claims · 2009
  3. Donald v. StateNew York Court of Claims · 2009

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