Opinion
2012-02-23
The PEOPLE of the State of New York, Respondent, v. Miguel CRUZ, Appellant.
Gail B. Rubenfeld, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
Gail B. Rubenfeld, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
Before: MERCURE, Acting P.J., PETERS, MALONE JR., KAVANAGH and McCARTHY, JJ.
McCARTHY, J.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered July 7, 2004, convicting defendant upon his plea of guilty of the crime of criminal sexual act in the first degree.
Defendant waived indictment and, in satisfaction of a superior court information, pleaded guilty to criminal sexual act in the first degree. County Court thereafter sentenced defendant to 18 years in prison, to be followed by five years of postrelease supervision. Defendant now appeals, arguing that his plea was not knowing, voluntary and intelligent due to the fact that he was unaware at the time of his plea that his sentence would include a period of postrelease supervision.
Defendant's contention is unpreserved for our review. “[A] defendant pleading guilty to a determinate sentence must be aware of the postrelease supervision component of that sentence in order to knowingly, voluntarily and intelligently choose among alternative courses of action” ( People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081 [2005]; accord People v. Wade, 86 A.D.3d 713, 714, 926 N.Y.S.2d 920 [2011], lv. denied 17 N.Y.3d 823, 929 N.Y.S.2d 811, 954 N.E.2d 102 [2011] ). While preservation is unnecessary where a defendant was not made aware that postrelease supervision was part of the sentence, if the sentencing court advises the defendant of the term of postrelease supervision, he or she must object or seek appropriate relief from the court at the time of sentencing ( see People v. Davis, 79 A.D.3d 1267, 1269, 912 N.Y.S.2d 324 [2010], lv. denied 16 N.Y.3d 797, 919 N.Y.S.2d 513, 944 N.E.2d 1153 [2011]; see also People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 [2010]; People v. Young, 85 A.D.3d 1489, 1489–1490, 925 N.Y.S.2d 912 [2011] ). Here, defendant did not object at sentencing to the imposition of the five-year term of postrelease supervision, which the prosecutor had stated at the plea proceedings was part of the plea agreement. Accordingly, as this argument is unpreserved, we affirm.
ORDERED that the judgment is affirmed.