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GARNER v. CORRECTIONAL SERVS.

10 N.Y.3d 358 (2008)

889 N.E.2d 467

859 N.Y.S.2d 590

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

Court of Appeals of the State of New York.

Decided April 29, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Elon Harpaz and Steven Banks of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Laura R. Johnson, Barbara D. Underwood and Roseann MacKechnie of counsel), for respondents.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal requires us to determine whether respondent, the New York State Department of Correctional Services (DOCS), may administratively add a mandatory period of postrelease supervision (PRS) onto petitioner's sentence even though that PRS term was never pronounced by the sentencing judge. Because CPL 380.20 and 380.40 collectively provide that only a judge may impose...

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