EANES v. STATE

509441.

78 A.D.3d 1297 (2010)

909 N.Y.S.2d 678

SHAKIRA EANES, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 4, 2010.


McCarthy, J.

Claimant alleges, among other things, false imprisonment and negligence arising from the imposition of postrelease supervision by the Department of Correctional Services, rather than by the sentencing court, and her subsequent incarceration for violating the terms of her release. Recent decisions have held that the Department's acts in confining individuals similar to claimant, "although in excess of its jurisdiction, are privileged" (Nazario v State...

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