PEOPLE v. CHIACCHIARINI

Nos. 102813, 103929, 104426.

91 A.D.3d 1118 (2012)

936 N.Y.S.2d 394

2012 NY Slip Op 256

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT F. CHIACCHIARINI, Appellant.

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

Decided January 19, 2012.


EGAN JR., J.

In May 2000, defendant pleaded guilty to two counts of sodomy in the first degree and was sentenced to two consecutive 10-year prison terms. No mention of the mandatory period of postrelease supervision required pursuant to Penal Law § 70.45 was made either during the plea colloquy or at sentencing, nor did County Court actually impose a period of postrelease supervision at the time of sentencing. Nearly seven years later, defendant filed the first...

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