1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 16 N.Y.3d
  5. 16 N.Y.3d 621 (2011)
 

PEOPLE v. LINGLE

No. 65, No. 66, No. 67, No. 68, No. 86, No. 87.

16 N.Y.3d 621 (2011)

949 N.E.2d 952

926 N.Y.S.2d 4

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LINGLE, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PARISI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIQUE MURRELL, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PRENDERGAST, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL RODRIGUEZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL SHARLOW, Appellant.

Court of Appeals of New York.

Decided April 28, 2011.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York City ( Vincent Rivellese and Patrick J. Hynes of counsel), for respondent in the first above-entitled action.

Legal Aid Society of Suffolk County, Inc., Appeals Bureau, Riverhead ( Kirk R. Brandt , Robert C. Mitchell , Robert L. Cicale and Alfred J. Cicale of counsel), for appellant in the second above-entitled action.

Thomas J. Spota , District Attorney, Riverhead ( Michael J. Brennan of counsel), for respondent in the second above-entitled action.

Office of the Appellate Defender, New York City ( Joseph M. Nursey and Richard M. Greenberg of counsel), for appellant in the third above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Timothy C. Stone and Vincent Rivellese of counsel), for respondent in the third above-entitled action.

Appellate Advocates, New York City ( Warren S. Landau and Lynn W.L. Fahey of counsel), for appellant in the fourth above-entitled action.

Richard A. Brown , District Attorney, Kew Gardens ( Anastasia Spanakos and John M. Castellano of counsel), for respondent in the fourth above-entitled action.

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

Cyrus R. Vance, Jr. , District Attorney, New York City ( Richard Nahas and Patrick J. Hynes of counsel), for respondent in the fifth above-entitled action.

Charles J. Hynes , District Attorney, Brooklyn ( Solomon Neubort of counsel), for appellant in the sixth above-entitled action.

Legal Aid Society, Criminal Appeals Bureau, New York City ( Steven J. Miraglia of counsel), for respondent in the sixth above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

In People v Sparber (10 N.Y.3d 457 [2008]), we held that defendants subject to postrelease supervision (PRS) have a statutory right under CPL 380.20 and 380.40 for a judge to pronounce the PRS sentence in their presence in open court, and that the remedy when a judge neglects to do this is resentencing to correct the error. Although the facts in these six cases vary, they share two...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases