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SCOTT v. FISCHER

Docket No. 09-1451-cv.

616 F.3d 100 (2010)

Choice SCOTT, Plaintiff-Appellant, v. Superintendent Brian FISCHER, Glenn Goord, Richard De Simone, Audrey Thompson, John Does, Nos. 1-10 (members of the New York State Department of Correctional Services whose names are presently unknown to plaintiff), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2010.

Amended: August 11, 2010.

Attorney(s) appearing for the Case

Robert Thomas Perry, Brooklyn, NY, for Plaintiff-Appellant.

Laura R. Johnson, Assistant Solicitor General (Barbara D. Underwood, Richard Dearing, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: SACK, RAGGI, and HALL, Circuit Judges.

SACK, Circuit Judge:

Shortly before her release from prison, having served all but a few days of her three-year sentence by a New York State court for armed robbery, the plaintiff Choice Scott was informed by the New York Department of Corrections that she would be subject to a five-year period of post-release supervision ("PRS"). PRS had neither been mentioned in her plea agreement nor imposed by a judge, at sentencing or otherwise. It was prescribed administratively...

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