Legal Opinion
People ex rel. White v. Warden
New York Supreme Court
Decided January 26, 2007PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Marcus, J.
In this case, the petitioner moves to vacate a warrant charging him with violating the conditions of his postrelease supervision. He claims that because postrelease supervision was not imposed by the judge who sentenced him, but instead by the New York State Department of Correctional Services, the conditions of his postrelease supervision are void. The People oppose the petitioner’s motion, claiming that the term was imposed, not by the Department, but by the automatic operation of law. For the reasons set forth below, the petition is granted.
On May 12,…
2Cases cited23 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. CatuNew York Court of Appeals · 2005
- Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
- Sean Earley v. Timothy MurrayCourt of Appeals for the Second Circuit · 2006
- People v. KanNew York Court of Appeals · 1991
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3Cited by2 opinions
- Ruffins v. DEPARTMENT OF CORRECTIONAL SERVICESDistrict Court, E.D. New York · 2010
- People ex rel. Merced v. Warden, Otis Bantum Correctional CenterNew York Supreme Court · 2007