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Fourth Department — Post-release Supervision: State of New York, ex rel. Finch v. Brown, et al.

Appellate Division, Fourth Department 

Post-release Supervision

Sentencing Court Error — Administrative Remedy

State of New York, ex rel. Finch v. Brown, et al.
KAH 11-00862
Appealed from Supreme Court, Livingston County

Background: The petitioner commenced a habeas corpus proceeding alleging that he was unlawfully subjected to a period of post-release supervision that was imposed administratively by the Department of Corrections and Community Supervision rather than by the sentencing court.

Ruling: The Appellate Division reversed. The court held that only a sentencing court may impose a period of post-release supervision and DOCCS cannot remedy a court’s failure to impose it by administrative action. The defendant has a statutory right to hear the court’s pronouncement as to what the entire sentence encompasses.

Jeannie Michalski of Genesee Valley Legal Aid, Inc. for the petitioner-appellant; Laura Etlinger of the New York State Office of the Attorney General for the respondents-respondents

 

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