Opinion
No. 2007–1582 K CR.
2013-01-8
The PEOPLE of the State of New York, Respondent, v. Kenneth STRONGREEN, Appellant.
Present: PESCE, P.J., WESTON and RIOS, JJ.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Michael Gerstein, J.), rendered June 25, 2007. The judgment convicted defendant, upon his plea of guilty, of driving while ability impaired by drugs. The appeal from the judgment brings up for review an order of the same court dated June 25, 2007 which denied defendant's motion to withdraw his guilty plea.
ORDERED that the judgment of conviction is reversed, on the law, the order denying defendant's motion to withdraw his guilty plea is vacated, defendant's motion is granted, and the matter is remitted to the Criminal Court for all further proceedings.
Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while ability impaired by drugs (Vehicle and Traffic Law § 1192 [4] ). It is uncontroverted that, prior to accepting defendant's plea, the Criminal Court failed to inform defendant of the specific period of probation that would be imposed. Because the court failed to advise defendant of this direct consequence of his plea, the plea is per se invalid ( see People v. Harnett, 16 NY3d 200, 205 [2011];People v. Catu, 4 NY3d 242, 244–245 [2005] ). We note, however, that a court need not address the terms and conditions of probation since they are collateral, not direct, consequences of the guilty plea ( see People v. Gravino, 14 NY3d 546, 559 [2010] ).
Accordingly, the judgment of conviction is reversed, the order denying defendant's motion to withdraw his guilty plea is vacated, defendant's motion is granted, and the matter is remitted to the Criminal Court for all further proceedings.