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MOULTON v. STATE

515096

114 A.D.3d 115 (2013)

977 N.Y.S.2d 797

2013 NY Slip Op 8557

FRANCIS MOULTON, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 26, 2013.

Attorney(s) appearing for the Case

Francis Moulton, Gowanda, appellant pro se.

Eric T. Schneiderman , Attorney General, Albany ( Kathleen M. Arnold of counsel), for respondent.

ROSE, J.P., STEIN and GARRY, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Claimant was sentenced in 2000 to a prison term of 3½ years upon his guilty plea to the crime of robbery in the first degree. While the sentencing court did not impose or address the mandatory postrelease supervision (hereinafter PRS) (see Penal Law § 70.45 [former (1)]), a five-year term of PRS was administratively added by the then-Department of Correctional Services (hereinafter DOCS)1...

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