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EARLEY v. MURRAY

Docket No. 04-4098-pr.

451 F.3d 71 (2006)

Sean EARLEY, Petitioner-Appellant, v. Timothy MURRAY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 9, 2006.

Attorney(s) appearing for the Case

David Samel, New York, NY, for Petitioner-Appellant.

Amy Appelbaum, Assistant District Attorney (Charles J. Hynes, District Attorney, Kings County, Leonard Joblove and Victor Barall, Assistant District Attorneys, on the brief), Brooklyn, NY, for Respondent-Appellee.

Before WALKER, Chief Judge, LEVAL and SOTOMAYOR, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Petitioner-Appellant Sean Earley was sentenced to six years' incarceration pursuant to a plea agreement. Unbeknownst to Earley, his counsel, the prosecutor, and the sentencing judge, New York had recently passed a law mandating a term of post-release supervision ("PRS") for convictions such as Earley's. Subsequently, the New York Department of Correctional Services ("DOCS"), without informing Earley, administratively added a five...

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