Legal Opinion
Garner v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2007PublishedCited by 12 opinions
1Opinion of the CourtLahtinen, J.
Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered June 27, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to prohibit respondents from imposing a period of postrelease supervision upon him.
Following an unsuccessful motion to vacate his sentence (see CPL 440.20 [1]) on the ground that the sentencing court did not inform him that he would be subject to a mandatory five-year period of postrelease supervision (see People v Lindsey, 302 AD2d 128, 129 [2003], lv denied 100 NY2d 583 [2003]; see also Penal Law § 70.45…
2Cases cited2 opinions
- Deal v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- People v. LindseyAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by12 opinions
- Vincent v. Yelich Earley v. AnnucciCourt of Appeals for the Second Circuit · 2013
- Scott v. FischerCourt of Appeals for the Second Circuit · 2010
- Dreher v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Betances v. FischerCourt of Appeals for the Second Circuit · 2016
- Bentley v. DennisonDistrict Court, S.D. New York · 2012
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