Opinion
2013-04-17
The PEOPLE, etc., respondent, v. Jose FUERTES, appellant.
Matthew Muraskin, Port Jefferson, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Andrea M. DiGregorio of counsel), for respondent.
Matthew Muraskin, Port Jefferson, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Andrea M. DiGregorio of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Kase, J.), rendered December 22, 2011, convicting him of robbery in the first degree (two counts), robbery in the second degree, burglary in the first degree (two counts), and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
As the People correctly concede, the Supreme Court's failure to advise the defendant at the time of his plea that his sentence would include a period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent ( see People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081;see also People v. Cornell, 16 N.Y.3d 801, 802, 921 N.Y.S.2d 641, 946 N.E.2d 740;People v. Hill, 9 N.Y.3d 189, 191, 849 N.Y.S.2d 13, 879 N.E.2d 152,cert. denied 553 U.S. 1048, 128 S.Ct. 2430, 171 L.Ed.2d 257). Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the Supreme Court, Nassau County, for further proceedings ( see People v. Campbell, 102 A.D.3d 979, 958 N.Y.S.2d 615;People v. Weichow, 96 A.D.3d 883, 884, 946 N.Y.S.2d 479;People v. Borrego, 59 A.D.3d 456, 871 N.Y.S.2d 912).
The defendant's remaining contentions are academic in light of our determination.