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MATTER OF DONHAUSER v. GOORD

48 A.D.3d 1005 (2008)

852 N.Y.S.2d 474

In the Matter of DAVID DONHAUSER, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided February 28, 2008.

Carpinello, J.

As a second violent felony offender, petitioner was sentenced, among various terms, to a prison sentence of 12 years for burglary in the second degree. The sentencing court did not impose any period of postrelease supervision. After petitioner entered the prison system, the Department of Correctional Services calculated his time by including a five-year period of postrelease supervision. Contending that his sentence does not explicitly include a period...

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