THE DOP DIDN'T HAVE THE POWER!
In May of 2000, Rosendo Rivera was convicted of assault in the second degree and sentenced to two years in prison.
After serving his time, the Division of Parole (DOP) tacked on a period of post-release supervision (or "PRS"). And when he was later arrested for violating the PRS, Rivera challenged DOP's power to retain him.
When the matter reached the Appellate Division, Second Department, that court ordered James A. Kralik, the Superintendent of the Rockland County Jail, to immediately release Rivera because the sentencing Court had never imposed a PRS against Rivera and DOP lacked the "authority" to do so.
Now how DOPy was that?
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Comments
Smart enough to bring a successful pro se habeas proceeding, but not smart enough to wonder why he had been on parole for five years after serving a 2 year determinate sentence. Go figure?
Posted by: Gines Pasamonte | July 16, 2008 7:26 PM