Cooper v. Goord

Appeal from a judgment of the Supreme Court (Connolly, J.), entered November 16, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner pleaded guilty to burglary in the second degree and was sentenced as a second violent felony offender to seven years in prison. Although the sentencing court did not impose any period of postrelease supervision, the Department of Correctional Services calculated petitioner’s time by including five years of postrelease supervision. Petitioner, in turn, commenced this CPLR article 78 proceeding challenging…