From Casetext: Smarter Legal Research

People v. Rogers

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 2003
308 A.D.2d 638 (N.Y. App. Div. 2003)

Opinion

13707

Decided and Entered: September 18, 2003.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 14, 2001, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Timothy P. O'Keefe, Latham, for appellant.

John R. Trice, District Attorney, Elmira (Charles H. Metcalf of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Carpinello and, Mugglin, JJ.


MEMORANDUM AND ORDER


In October 2001, defendant pleaded guilty to the crime of assault in the second degree in full satisfaction of a three — count indictment arising from an incident of domestic violence. County Court denied defendant's motion to withdraw his plea, predicated on alleged ineffective assistance of counsel, and sentenced defendant to a 3½-year prison term followed by three years' postrelease supervision. Defendant challenges the harshness of his sentence and voluntariness of his plea, contending, among other things, that he was not informed that he would be subject to a mandatory period of postrelease supervision before he entered his plea. The record reflects that defendant was not informed of this direct consequence of his guilty plea before his plea was accepted and, accordingly, should be afforded an opportunity to withdraw his plea (see People v. Vahedi, 305 A.D.2d 866; People v. Baker, 301 A.D.2d 868, 869, lv dismissed 99 N.Y.2d 625; People v. Goss, 286 A.D.2d 180, 184). Although this specific issue was not preserved by defendant's postconviction motion, under the circumstances herein, we exercise our interest of justice jurisdiction (see CPLR 470 N.Y.C.P.L.R. 15 [3] [c]) and reverse the judgment of conviction (see People v. Baker, supra;People v. Jaworski, 296 A.D.2d 597, 598). In light of this decision, defendant's remaining contentions need not be addressed.

Crew III, Peters, Carpinello and Mugglin, JJ., concur.

ORDERED that the judgment is reversed, as a matter of discretion in the interest of justice, plea vacated and matter remitted to the County Court of Chemung County for further proceedings not inconsistent with this Court's decision.


Summaries of

People v. Rogers

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 2003
308 A.D.2d 638 (N.Y. App. Div. 2003)
Case details for

People v. Rogers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE C. ROGERS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 18, 2003

Citations

308 A.D.2d 638 (N.Y. App. Div. 2003)
764 N.Y.S.2d 365

Citing Cases

People v. Loudenslager

A review of the record indicates that defendant was never informed that a term of postrelease supervision…