New York Court of Appeals

Garner v. Correctional Servs.

April 29, 200810 N.Y.3d 358

Summary

The Court of Appeals held that the New York State Department of Correctional Services cannot administratively add a mandatory period of post‑release supervision (PRS) to a sentence that was not pronounced by the sentencing judge. Accordingly, the petitioner was entitled to relief under CPLR article 78 and the lower court's order was reversed.