PEOPLE v. WILLIAMS

Nos. 11, 12, 13, 14, 15

14 N.Y.3d 198 (2010)

925 N.E.2d 878

899 N.Y.S.2d 76

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL WILLIAMS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN HERNANDEZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG LEWIS, Appellant. In the Matter of DANNY ECHEVARRIA, Appellant, v. PATRICIA D. MARKS, Monroe County Court Judge, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN RODRIGUEZ, Appellant.

Court of Appeals of New York.

Decided February 23, 2010.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Mark W. Zeno and Robert S. Dean of counsel), for appellant in the first above-entitled action.

Center for Appellate Litigation, New York City ( Barbara Zolot and Robert S. Dean of counsel), for appellant in the second above-entitled action.

Center for Appellate Litigation, New York City ( Carl S. Kaplan and Robert S. Dean of counsel), for appellant in the third above-entitled action.

Timothy P. Donaher, Public Defender, Rochester ( Brian Shiffrin and Drew R. DuBrin of counsel), for appellant in the fourth above-entitled proceeding.

Center for Appellate Litigation, New York City ( Mark W. Zeno and Robert S. Dean of counsel), for appellant in the fifth above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David M. Cohn and Mark Dwyer of counsel), for respondent in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Martin J. Foncello and David M. Cohn of counsel), for respondent in the second and third above-entitled actions.

Andrew M. Cuomo , Attorney General, Albany ( Rajit S. Dosanjh , Barbara D. Underwood and Nancy A. Spiegel of counsel), for respondent in the fourth above-entitled proceeding.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Martin J. Foncello and David M. Cohn of counsel), for respondent in the fifth above-entitled action.

Legal Aid Society, Criminal Appeals Bureau, New York City ( Kerry Elgarten of counsel), amicus curiae pro se in the fourth above-entitled proceeding.

Chief Judge LIPPMAN and Judges CIPARICK, READ and JONES concur with Judge GRAFFEO; Judge SMITH dissents and votes to affirm in a separate opinion; Judge PIGOTT dissents in another opinion.


OPINION OF THE COURT

GRAFFEO, J.

In 1998, as part of Jenna's Law, the Legislature adopted Penal Law § 70.45, which directs that postrelease supervision is a mandatory component of all determinate prison sentences. We subsequently held that a sentencing court's failure to pronounce postrelease supervision during sentencing proceedings results in an illegal sentence that cannot be administratively corrected...

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