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FARRAH DONALD v. STATE

No. 97.

17 N.Y.3d 389 (2011)

953 N.E.2d 790

929 N.Y.S.2d 552

2011 NY Slip Op 5367

FARRAH DONALD, Appellant, v. STATE OF NEW YORK, Respondent. SHAKIRA EANES, Appellant, v. STATE OF NEW YORK, Respondent. JONATHAN ORELLANES, Appellant, v. STATE OF NEW YORK, Respondent. ISMAEL ORTIZ, Also Known As JOSE RODRIGUEZ, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided June 23, 2011.

Attorney(s) appearing for the Case

McKain Law Firm, P.C., Rochester ( Kevin K. McKain and Andrew D. Fiske of counsel), for appellant in the first above-entitled action.

Law Office of Robert Dembia, PC, New York City ( Robert Dembia of counsel), for appellant in the second, third and fourth above-entitled actions.

Eric T. Schneiderman , Attorney General, Albany ( Andrea Oser , Barbara D. Underwood and Zainab A. Chaudhry of counsel), for respondent in the first above-entitled action.

Eric T. Schneiderman , Attorney General, Albany ( Andrea Oser , Barbara D. Underwood and Zainab A. Chaudhry of counsel), for respondent in the second, third and fourth above-entitled actions.

Joel Berger , New York City, for Sidney Burch and others, amici curiae.

Legal Aid Society, Criminal Appeals Bureau and Parole Revo-cation Defense Unit, New York City (Elon Harpaz of counsel), amicus curiae.

OPINION OF THE COURT

SMITH, J.

Claimants in these four cases were convicted of crimes for which they received determinate sentences. A statute required that such a sentence include a period of post-release supervision (PRS), but in each claimant's case the sentencing judge failed to pronounce a PRS term. Claimants were nevertheless subjected to PRS, and in three of the four cases were imprisoned for PRS violations. They now seek damages from the State of...

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