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Administrative Imposition of Post Release New York State
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Pereira v. Fischer (Orange Co. Sup. Ct.)

This Article 78 challenged the administrative imposition of post-release supervision. Our client was convicted of criminal possession of a weapon, and he received a five year determinate sentence but post-release supervision was not mentioned in the sentencing minutes of the commitment. When he arrived in DOCCS custody, DOCCS administratively added 3 years of post-release supervision. The court issued a favorable decision, granting the petition.