ORTIZ v. STATE

509611.

78 A.D.3d 1314 (2010)

910 N.Y.S.2d 587

ISMAEL ORTIZ, Also Known as JOSE RODRIGUEZ, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 4, 2010.


Egan Jr., J.

In January 2002, claimant was sentenced as a second felony offender to a prison term of three years upon his plea of guilty of the crime of assault in the second degree. Although the sentencing court apparently made no mention of the mandatory five-year period of postrelease supervision (see Penal Law § 70.45 [former (1)]), that term was administratively imposed by the Department of Correctional Services (hereinafter DOCS) upon claimant's...

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