Legal Opinion
People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2009PublishedCited by 17 opinions
1Opinion of the Court
Judgment of resentence, Supreme Court, New York County (Michael J. Obús, J.), rendered October 17, 2008, resentencing defendant to a term of seven years with five years’ postrelease supervision (PRS), unanimously affirmed.
In December 2005, having served six years of the seven-year determinate term imposed upon his conviction of burglary in the second degree, defendant was granted conditional release and began to serve an administratively-imposed mandatory five-year term of postrelease supervision. Thereafter, in People v Sparber (10 NY3d 457 [2008]) and Matter of Garner v New York State Dept.…
2Cases cited5 opinions
- United States v. DiFrancescoSupreme Court of the United States · 1980
- People v. SparberNew York Court of Appeals · 2008
- Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
- People v. DeValleNew York Court of Appeals · 2000
- United States v. Roberto RosarioCourt of Appeals for the Second Circuit · 2004
3Cited by17 opinions
- People v. WilliamsNew York Court of Appeals · 2010
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2009
- Avent v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2009
- Mickens v. StateNew York Court of Claims · 2009
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