PEOPLE (McCURDY) v. WARDEN

No. 73.

36 N.Y.3d 251 (2020)

140 N.Y.S.3d 170

163 N.E.3d 1087

2020 NY Slip Op 06933

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHANCE McCURDY, Appellant, v. WARDEN, WESTCHESTER COUNTY CORRECTIONAL FACILITY, et al., Respondents.

Court of Appeals of New York.

Decided November 23, 2020.


Attorney(s) appearing for the Case

Janet Sabel , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Elon Harpaz of counsel), for appellant.

Letitia James , Attorney General, New York City (Ester Murdukhayeva, Barbara D. Underwood and Anisha S. Dasgupta of counsel), for respondents.

Robert S. Dean , Center for Appellate Litigation, New York City (Jan Hoth of counsel), Paul Skip Laisure , Appellate Advocates, New York City, and David C. Schopp , Chief Defenders Association of New York, Buffalo, for Center for Appellate Litigation and others, amici curiae.

Prisoners' Legal Services of New York, Albany ( Karen L. Murtagh and James Bogin of counsel), for Prisoners' Legal Services of New York, amicus curiae.


OPINION OF THE COURT

This appeal presents us with a question of statutory interpretation. Penal Law § 70.45(3) provides that, "notwithstanding any other provision of law, the board of parole may impose as a condition of post-release supervision [PRS] that for a period not exceeding...

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