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MATTER OF GARNER v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

39 A.D.3d 1019 (2007)

831 N.Y.S.2d 923

In the Matter of ELLIOTT GARNER, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 12, 2007.

Lahtinen, J.

Following an unsuccessful motion to vacate his sentence (see CPL 440.20 [1]) on the ground that the sentencing court did not inform him that he would be subject to a mandatory five-year period of postrelease supervision (see People v Lindsey, 302 A.D.2d 128, 129 [2003], lv denied 100 N.Y.2d 583 [2003]; see also Penal Law § 70.45 [1]), petitioner commenced this proceeding to prohibit...

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