Legal Opinion
The People v. Roni Smith The People v. Keith Fagan
New York Court of Appeals
Decided November 1, 2016No. 149-150PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
At the time of its enactment in 1998, Penal Law § 70.45 (1) (as added by L 1998, ch 1, § 15) provided that “[e]ach determinate sentence also includes, as a part thereof, an additional period of post-release supervision” (PRS). A substantial number of trial courts mistakenly interpreted the provision to mean that PRS arose as a matter of law and did not need to be pronounced at sentencing.1 Thereafter, in People v Catu (4 NY3d 242 [2005]), we held that PRS “is a direct consequence of a criminal conviction” such that a court accepting a guilty plea from a defendant…
2Cases cited36 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Teague v. LaneSupreme Court of the United States · 1989
- Ring v. ArizonaSupreme Court of the United States · 2002
- Schriro v. SummerlinSupreme Court of the United States · 2004
31 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Matter of Bond v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
- People v. McManusAppellate Division of the Supreme Court of the State of New York · 2023
- People v. RodneyNew York Supreme Court, New York County · 2024
- People v. EsquilinAppellate Division of the Supreme Court of the State of New York · 2019
- People v. EsquilinAppellate Division of the Supreme Court of the State of New York · 2019
25 more not listed; retrieve them via the Exa API.