Marino v. Fischer

Appeal from a judgment of the Supreme Court (Hard, J.), entered August 14, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to prohibit respondent from imposing a period of postrelease supervision upon him.

In 2003, petitioner was convicted of numerous offenses, including burglary in the second degree, and was sentenced to concurrent determinate terms of imprisonment, without explicitly being sentenced to a period of postrelease supervision. Upon learning that respondent intended to subject him to a five-year period of postrelease…