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People v. Hemingway

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 9, 2018
166 A.D.3d 1524 (N.Y. App. Div. 2018)

Opinion

1100 KA 17–00759

11-09-2018

The PEOPLE of the State of New York, Respondent, v. Brandon HEMINGWAY, Defendant–Appellant.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ELIZABETH RIKER OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KAITLYN M. GUPTILL OF COUNSEL), FOR RESPONDENT.


FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ELIZABETH RIKER OF COUNSEL), FOR DEFENDANT–APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KAITLYN M. GUPTILL OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Onondaga County Court for further proceedings on the indictment.Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree ( Penal Law § 130.50 [1 ] ), defendant contends that reversal of the judgment and vacatur of the plea are required because County Court failed to advise him, at the time of the plea, of the period of postrelease supervision that would be imposed at sentencing. We agree (see People v. Turner, 24 N.Y.3d 254, 259, 997 N.Y.S.2d 671, 22 N.E.3d 179 [2014] ; People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081 [2005] ; People v. Palmer, 137 A.D.3d 1615, 1615, 26 N.Y.S.3d 904 [4th Dept. 2016] ). In light of our determination, we do not address defendant's remaining contentions.


Summaries of

People v. Hemingway

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 9, 2018
166 A.D.3d 1524 (N.Y. App. Div. 2018)
Case details for

People v. Hemingway

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Brandon HEMINGWAY…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 9, 2018

Citations

166 A.D.3d 1524 (N.Y. App. Div. 2018)
166 A.D.3d 1524

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