Legal Opinion
Matter of Ortiz v. Annucci
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2016No. 521756PublishedCited by 1 opinion
1Opinion of the CourtPeters, P.J.
Appeal from a judgment of the Supreme Court (Zwack, J.), entered September 4, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel the Department of Corrections and Community Supervision to credit petitioner for jail time served on a previously imposed sentence.
On November 8, 2000, petitioner was sentenced to 3V2 years in prison after being convicted of attempted robbery. Although required by statute, the sentencing court failed to impose a period of postrelease supervision (hereinafter PRS) (see Penal Law § 70.45). Petitioner…
2Cases cited6 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
- People v. BrinsonNew York Court of Appeals · 2013
- MATTER OF JEFFREY v. WardNew York Court of Appeals · 1978
- Matter of Hurley v. FoxAppellate Division of the Supreme Court of the State of New York · 2015
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3Cited by1 opinion
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2019