Opinion
2012-02582 Ind. No. 562/11.
01-20-2016
The PEOPLE, etc., respondent, v. Trevone MURRELL, appellant.
Jillian S. Harrington, Staten Island, N.Y., for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Pamela Kelly–Pincus of counsel), for respondent.
Jillian S. Harrington, Staten Island, N.Y., for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Pamela Kelly–Pincus of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered February 10, 2012, convicting him of burglary in the second 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.
Although the defendant validly waived his right to appeal, his claim with respect to the voluntariness of the plea survives such a waiver (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Murphy, 114 A.D.3d 704, 705, 979 N.Y.S.2d 829; People v. Joseph, 103 A.D.3d 665, 959 N.Y.S.2d 261; People v. Ballinger, 12 A.D.3d 686, 687, 785 N.Y.S.2d 121).
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). 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. Fuertes, 105 A.D.3d 974, 975, 962 N.Y.S.2d 916; 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).
The defendant's remaining contention has been rendered academic in light of our determination.