Matter of Garner v. New York State Dept. of Correctional Servs

In Matter of Garner v. New York State Dept. of Correctional Servs. (10 NY3d 358 [2008]) the Court of Appeals held that only a sentencing judge is authorized to pronounce the PRS component of a defendant's sentence and, consequently, that the power to add a term of PRS to an individual's sentence "lies beyond DOCS's limited jurisdiction over inmates and correctional institutions." Although the criminal defendant in Garner had been sentenced following a guilty plea, this holding is understood to apply with equal force to a plea agreement or a trial verdict. The Court of Appeals held that a term of PRS "is not automatically included in the pronouncement of a determinate sentence, and thus a defendant has a statutory right to have that punishment imposed by the sentencing judge" (10 NY3d at 363). The Court noted that its holding was "without prejudice to any ability that either the People or DOCS may have to seek the appropriate resentencing of a defendant in the proper forum" (id. at 363 n 4). The Court of Appeals held that a term of postrelease supervision "is not automatically included in the pronouncement of a determinate sentence, and thus a defendant has a statutory right to have that punishment imposed by the sentencing judge" (Id. at 363). Importantly, the Court noted that its holding was "without prejudice to any ability that either the People or DOCS may have to seek the appropriate resentencing of a defendant in the proper forum" (Id. at 363, n 4). The Court of Appeals made clear that "PRS represents a significant punishment component that restricts an individual's liberty ... It is not automatically included in the pronouncement of a determinate sentence, and thus a defendant has a statutory right to have that punishment imposed by the sentencing judge" (id. at 362-363). The court also noted that its holding was "without prejudice to any ability that either the People or [the Department of Correctional Services (DOCS)] may have to seek the appropriate resentencing of a defendant in the proper forum" (id. at 363 n 4).