Is a determinate sentence that does not include post-release supervision illegal?

"New York", United States of America

The following excerpt is from People v. Corker, 2007 NY Slip Op 50964(U) (N.Y. County Ct. 4/27/2007), 2007 NY Slip Op 50964 (N.Y. Cty. Ct. 2007):

Pursuant to Penal Law Section 70.00(6), when a defendant is sentenced as a violent felony offender, "the court must impose a determinate sentence of imprisonment . . . and such sentence shall include, as a part thereof, a period of post-release supervision in accordance with section 70.45." A determinate sentence that is imposed without the post-release supervision constitutes an illegal sentence. See, People v. Bell, 305 AD2d 694 (2d Dept. 2003), citing, P.L. 70.45.

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