Oral Sentence Silent on Post Release Supervision in New York
In People v. Sparber, No. 9509, 34 A.D.3d 265, 823 N.Y.S.2d 405 (1st Dept. 2006), the sentencing record was silent on the issue of post release supervision ("PRS").
After imposition of sentence, defendant's commitment papers were completed by the court clerk who included the appropriate term of post release supervision on the papers.
The defendant challenged this period of PRS, claiming it was erroneously imposed by the clerk and not the court.
The Appellate Division, First Department held "even though the court's oral sentence was silent as to PRS, it necessarily included a five-year term thereof and the "written document performs the ministerial function of setting forth a provision already included in the sentence by operation of law." Id.