Resentencing Reversed Because of Post-Release Supervision Error
When Davon Battee was resentenced on a felony conviction, the trial court imposed 5 years of post-release supervision (PRS) in addition to the previously-imposed term of incarceration. Although the length of PRS imposed was within the lawful range, the court was "unaware that it had discretion as to the length of the period of PRS" and believed that 5 years was "required." The Second Department reversed the resentencing and remanded the case to the trial court.
David Lowry briefed the case for Appellate Advocates.