Legal Opinion

Betances v. Fischer

District Court, S.D. New York

Decided October 14, 2015No. 11-cv-3200 (SAS)PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Beginning in 1998, New York mandated that certain violent felonies be punished by a determinate prison sentence followed by a mandatory parole term known as post-release supervision (“PRS”).1 The governing statute did not require that the term of PRS be announced by the judge at sentencing. In thousands of cases where the judge did not impose a PRS term at sentencing, the New York State Department of Correctional Services (“DOCS”) imposed PRS upon felons committed to its custody — either during their incarceration or as they…

2Cases cited29 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. Behrens v. PelletierSupreme Court of the United States · 1996
  5. Taylor v. BarkesSupreme Court of the United States · 2015

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3Cited by2 opinions

  1. Cline v. Bethpage Federal Credit UnionDistrict Court, E.D. New York · 2019
  2. Kistner v. The City of BuffaloDistrict Court, W.D. New York · 2023

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