Court of Appeals of New York

In a prosecution for assault in the second degree, in which the County Court promised the defendant that it would impose a determinate sentence of imprisonment of three and a half years with the "minimum" allowable postrelease supervision (PRS) term, and then imposed a five-year term of PRS, the sentence is vacated and the case remitted for resentencing, where the defendant was sentenced in accordance with Penal Law section 70.02[3][c], so Penal Law section 70.45[2][e] applied.

Appellate Information

• Decided 05/01/2012
• Published 05/01/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Janet C. Somes, Kelly C. Wolford