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PEOPLE EX REL. TURNER v. SEARS

63 A.D.3d 1404 (2009)

882 N.Y.S.2d 330

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL TURNER, Appellant, v. LAWRENCE SEARS, as Superintendent of Franklin Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 18, 2009.

Rose, J.

In 1999, petitioner pleaded guilty to the crime of robbery in the second degree and received the agreed-upon sentence of five years in prison, to run concurrently with a sentence in New Jersey for a parole violation. Neither the sentencing minutes nor the commitment order contain any reference to the imposition of a period of postrelease supervision (see Penal Law § 70.45). The Department of Correctional...

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