Opinion
7579 Ind. 6397/10
11-13-2018
The PEOPLE of the State of New York, Respondent, v. Anthony VASQUEZ, Defendant–Appellant.
Christina A. Swarns, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Gische, Gesmer, Singh, JJ.
At no time before sentencing did the court ever inform defendant that the enhanced sentence he would receive if he violated the conditions of his plea agreement would include postrelease supervision (PRS) (see People v. McAlpin , 17 N.Y.3d 936, 936 N.Y.S.2d 666, 960 N.E.2d 435 [2011] ). The references by the prosecutor and defense counsel to PRS immediately before the court imposed sentence did not provide the kind of notice that would require defendant to preserve this claim (see People v. Ziegler , 149 A.D.3d 634, 51 N.Y.S.3d 517 [1st Dept. 2017] ; People v. Singletary , 118 A.D.3d 610, 987 N.Y.S.2d 843 [1st Dept. 2014] ).
In light of this determination, we find it unnecessary to reach any other issues.