People ex rel. Cuccio v. Racette

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered August 22, 2014 in Clinton County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In October 2001, petitioner was sentenced to 15 years in prison upon his conviction of manslaughter in the first degree. The sentence did not include the required period of postrelease supervision and, as a result, petitioner was resentenced pursuant to Penal Law § 70.85 to the originally imposed determinate sentence without any period of postrelease…