PEOPLE EX REL. GARNER v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY


40 A.D.3d 243 (2007)

833 N.Y.S.2d 384

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ELLIOTT GARNER, Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY et al., Respondents.

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

Decided May 1, 2007.


The contention raised in this proceeding, that the mandatory imposition upon petitioner of a five-year period of postrelease supervision was illegal, has been previously adjudicated, having been raised by petitioner, and rejected by the sentencing court, in the context of petitioner's motion to vacate his sentence pursuant to CPL 440.20. In deciding the CPL 440.20 motion, the sentencing court specifically held that the challenged aspect of the sentence was not unauthorized...

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