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MATTER OF SMILEY v. DEPARTMENT OF CORRECTIONAL SERVICES

52 A.D.3d 978 (2008)

859 N.Y.S.2d 502

In the Matter of KEVIN SMILEY, Appellant, v. DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided June 12, 2008.

Peters, J.

In July 2002, petitioner pleaded guilty to attempted robbery in the first degree, a class C violent felony (see Penal Law § 70.02 [1] [b]), and received the agreed-upon sentence of seven years in prison. Neither the sentencing minutes nor the commitment order made mention of the mandatory period of postrelease supervision to be imposed (see Penal Law § 70.45 [1], [2] [f]). Respondent, however, included a five-year period of postrelease...

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