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PEOPLE EX REL. LEWIS v. WARDEN, OTIS BAUM CORRECTIONAL CENTER

51 A.D.3d 512 (2008)

858 N.Y.S.2d 141

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JACKIE LEWIS, Respondent, v. WARDEN, OTIS BAUM CORRECTIONAL CENTER, et al., Appellants.

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

Decided May 15, 2008.

Supreme Court properly concluded that petitioner's sentence did not include PRS, and that the term of PRS administratively imposed by the Department of Correctional Services (DOCS) was a nullity (see 14 Misc.3d 468 [2006]). The sentencing court failed to mention PRS at the time sentence was imposed. Even if petitioner was advised that he was subject to a term of PRS at his plea proceeding, petitioner was not sentenced to PRS...

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