PEOPLE v. HOLMES

5589. 3846/14.

164 A.D.3d 1118 (2018)

83 N.Y.S.3d 437

2018 NY Slip Op 06055

The People of the State of New York, Respondent, v. Thomas Holmes, Appellant.

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

Decided September 13, 2018.


In this case, the minimum period of postrelease supervision (PRS) that the sentencing court could have imposed was 2 ½ years. However, a review of the record raises the concern that the sentencing court was under the erroneous impression that it was required to impose a five-year term of PRS. Thus, it appears that the court was unaware that it could impose a lower term.

At the time of defendant's plea, the court, counsel, and the prosecution believed defendant...

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