Opinion
196 KA 14-00808.
03-18-2016
The PEOPLE of the State of New York, Respondent, v. William R. PALMER, Defendant–Appellant.
William R. Palmer, Defendant–Appellant Pro Se. R. Michael Tantillo, District Attorney, Canandaigua (Heather Parker Hines of Counsel), for Respondent.
William R. Palmer, Defendant–Appellant Pro Se.
R. Michael Tantillo, District Attorney, Canandaigua (Heather Parker Hines of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.391 ), 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; People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081; People v. Corsaro, 128 A.D.3d 1538, 1538, 7 N.Y.S.3d 924). In light of our determination, we do not address defendant's remaining contentions.
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 Ontario County Court for further proceedings on the indictment.
SMITH, J.P., PERADOTTO, NEMOYER, CURRAN, and SCUDDER, JJ., concur.