IN THE MATTER OF COOPER


55 A.D.3d 1186 (2008)

865 N.Y.S.2d 582

In the Matter of ERIC COOPER, 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.

October 30, 2008.


Petitioner pleaded guilty to burglary in the second degree and was sentenced as a second violent felony offender to seven years in prison. Although the sentencing court did not impose any period of postrelease supervision, the Department of Correctional Services calculated petitioner's time by including five years of postrelease supervision. Petitioner, in turn, commenced this CPLR article 78 proceeding challenging that determination. Supreme Court dismissed the petition...

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