THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DANIEL SPARBER, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ROBERT THOMAS, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JOHN LINGLE, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MANUEL RODRIGUEZ, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ANTHONY WARE, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 12, 2008.
Decided April 29, 2008.
Attorney(s) appearing for the Case
Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant in the first above entitled action.
Robert M. Morgenthau, District Attorney, New York City (David M. Cohn and Mark Dwyer of counsel), for respondent in the first above-entitled action.
Center for Appellate Litigation, New York City (Robert S. Dean of counsel), for appellant in the second above-entitled action.
Robert M. Morgenthau, District Attorney, New York City (Vincent Rivellese and Mark Dwyer of counsel), for respondent in the second above-entitled action.
Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for appellant in the third above-entitled action.
Robert M. Morgenthau, District Attorney, New York City (Vincent Rivellese and Mark Dwyer of counsel), for respondent in the third above-entitled action.
Center for Appellate Litigation, New York City (Claudia S. Trupp and Robert S. Dean of counsel), for appellant in the fourth above-entitled action.
Robert M. Morgenthau, District Attorney, New York City (Susan Axelrod and Mark Dwyer of counsel), for respondent in the fourth above-entitled action.
Appellate Advocates, New York City (William G. Kastin and Lynn W.L. Fahey of counsel), for appellant in the fifth above-entitled action.
Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove of counsel), for respondent in the fifth above-entitled action.
Kaye Scholer LLP, New York City (David Klingsberg and Max Schwartz of counsel), and Legal Aid Society, Criminal Practice Division (Steven Banks, Seymour James and Andrew Fine of counsel), for Legal Aid Society, amicus curiae in the five above-entitled actions.
Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
In these five appeals, we are asked to consider whether defendants are entitled to be relieved of their statutory obligation to serve a term of postrelease supervision (PRS) because sentencing courts failed to pronounce their PRS terms in accordance with Criminal Procedure Law §§ 380.20 and 380.40. We conclude that the procedure through which PRS was imposed upon these...
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