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PEOPLE v. McFARLAND

Nos. 5768, 5329/02.

88 A.D.3d 547 (2011)

931 N.Y.S.2d 225

2011 NY Slip Op 7346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS McFARLAND, Appellant.

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

Decided October 20, 2011.

Instead of postrelease supervision, the sentencing court used the phrase "supervised parole for five years" and stated that this was "part of the sentence too." While the court misspoke, the nomenclature it used was sufficiently similar to the correct term that there could not have been any ambiguity or misunderstanding (cf. People v Carter, 67 A.D.3d 603, 604 [2009], lv denied...

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