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THE IMPOSITION OF TWO CONSECUTIVE PERIODS OF POSTRELEASE SUPERVISION WAS ILLEGAL (FOURTH DEPT).

The Fourth Department determined consecutive periods of post release supervision should not have been imposed. Although the issue was not raised on appeal, an appellate court cannot allow an illegal sentence to stand:

… [T]he court erred in imposing consecutive periods of postrelease supervision. Penal Law § 70.45 (5) (c) requires that when a person is subject to two or more periods of postrelease supervision, those periods merge with and are satisfied by the service of the period having the longest unexpired time to run … . Because we cannot allow an illegal sentence to stand … , we modify the judgment accordingly…. . People v Koeberle, 2023 NY Slip Op 01605, Fourth Dept 3-24-23

Practice Point: Here the imposition of two consecutive periods of postrelease supervision was illegal. The issue was not raised on appeal, but an appellate court cannot allow an illegal sentence to stand.

 

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