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PEOPLE v. HERNANDEZ

59 A.D.3d 180 (2009)

872 N.Y.S.2d 455

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN HERNANDEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 5, 2009.

In December 2005, having served six years of the seven-year determinate term imposed upon his conviction of burglary in the second degree, defendant was granted conditional release and began to serve an administratively-imposed mandatory five-year term of postrelease supervision. Thereafter, in People v Sparber (10 N.Y.3d 457 [2008]) and Matter of Garner v New York State Dept. of Correctional Servs. (10 N...

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