Legal Question in Criminal Law in New York
post supervisory relief on a flat bid of 25 years , should this have been stated verberly at sentencing.
Asked on 12/15/17, 12:52 pm
1 Answer from Attorneys
Glenn Kurtzrock
Law Office of Glenn Kurtzrock
Yes, the judge has to state the post-release supervision period at sentencing. However, it's more important to determine whether it was stated at the time of a plea (assuming it's a plea and not a trial).
If the judge didn't discuss post-release supervision at the time of plea, it can not be imposed now. If it was a trial, and it wasn't mentioned at sentence, the defendant can simply be re-sentenced.
Answered on 12/15/17, 12:56 pm
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