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In 2004, Sidney Burch was convicted of armed robbery and sentenced to two years in prison, with no post-release probation. While incarcerated, the New York State Department of Correctional Services (DOCS) added three years of post-release monitoring to Burch's sentence.

After being released in May of 2005, Burch was declared "delinquent" by the Division of Parole and reincarcerated. Of course, Burch challenged DOCS ' authority to impose post-release conditions and upon review the Appellate Division, Fourth Department, agreed.

Since such power is only within a court's province, Burch was ordered released from custody.

Shouldn't DOCS be docked?

To download a copy of the Appellate Division's decision, please use this link: People ex rel Sidney Burch v. Goord