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People ex rel. Benton v. Warden, Adolescent Receiving Detention Ctr - Case Brief Summary (New York)

In People ex rel. Benton v Warden, Adolescent Receiving Detention Ctr. (20 Misc 3d 516 [2008]) the court held that administrative imposition of a term of postrelease supervision where the sentence did not provide for PRS was a legal nullity and violated the convicted person's due process and statutory rights. The Benton court further found that the convicted person could not be punished for violation of the terms of PRS, even though a judge resentenced him and imposed PRS nunc pro tunc after he was charged with the PRS violation (20 Misc 3d at 521).

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