Smiley v. Department of Correctional Services

Appeal from a judgment of the Supreme Court (Mc-Donough, J), entered July 16, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent imposing a period of postrelease supervision upon petitioner.

In July 2002, petitioner pleaded guilty to attempted robbery in the first degree, a class C violent felony (see Penal Law § 70.02 [1] [b]), and received the agreed-upon sentence of seven years in prison. Neither the sentencing minutes nor the commitment order made mention of the mandatory period of…