Quinones v. State of New York Department of Correctional Services

OPINION OF THE COURT

George B. Ceresia, Jr., J.

The petitioner, an inmate at Coxsackie Correctional Facility, *391has commenced the instant CPLR article 78 proceeding to review a determination of the respondent to add five years of postrelease supervision (PRS) to his sentence. Petitioner argues that because the sentencing judge did not expressly mention PRS when the petitioner was sentenced, respondent is without power to impose it now. Respondent opposes the application, arguing that PRS was properly imposed under Penal Law § 70.00 (6) and § 70.45 (1).

On July 19, 2004, petitioner was convicted…