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PEOPLE EX REL. WHITE v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY

15 Misc.3d 360 (2007)

833 N.Y.S.2d 363

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANDRE WHITE, Petitioner, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, et al., Respondents.

Supreme Court, Bronx County.

January 26, 2007.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Elon Harpaz of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Sunita Kini-Tandon of counsel), for respondents.

OPINION OF THE COURT

MARTIN MARCUS, J.

In this case, the petitioner moves to vacate a warrant charging him with violating the conditions of his postrelease supervision. He claims that because postrelease supervision was not imposed by the judge who sentenced him, but instead by the New York State Department of Correctional Services, the conditions of his postrelease supervision are void. The People oppose the petitioner's motion, claiming that the term was...

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