MATTER OF VINCENT v. FISCHER

507842.

75 A.D.3d 1016 (2010)

906 N.Y.S.2d 393

In the Matter of DAMON VINCENT, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 29, 2010.


Petitioner pleaded guilty to kidnapping in the second degree and, in 2002, he was sentenced to an agreed-upon prison term of 18 years and "the standard period of postrelease supervision." After petitioner entered the prison system, the Department of Correctional Services (hereinafter DOCS) interpreted that statement as imposing a five-year period of postrelease supervision. Petitioner commenced this CPLR article 78 proceed seeking...

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