Legal Opinion

People v. McFarland

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

Decided October 20, 2011PublishedCited by 3 opinions

1Opinion of the Court

Instead of postrelease supervision, the sentencing court used the phrase “supervised parole for five years” and stated that this was “part of the sentence too.” While the court misspoke, the nomenclature it used was sufficiently similar to the correct term that there could not have been any ambiguity or misunderstanding (cf. People v Carter, 67 AD3d 603, 604 [2009], lv *548denied 14 NY3d 886 [2010] [plea not rendered involuntary by misuse of parole to mean postrelease supervision]). Accordingly, there was no violation of defendant’s “right to hear the court’s pronouncement as to what the entire…

2Cases cited2 opinions

  1. People v. SparberNew York Court of Appeals · 2008
  2. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by3 opinions

  1. People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. BattleMonroe County Court · 2017
  3. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2012

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