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People v. GarciaPeople v. Garcia

Appellate Division of the Supreme Court of the State of New York
Apr 14, 2009
Versions:61 A.D.3d 475
876 N.Y.S.2d 402

The court‘s failure to inform defendant at his plea allocution that he would be subject to a period of postrelease supervision requires reversal of the conviction (People v Catu, 4 NY3d 242 [2005]). In pleading guilty, defendant was entitled to rely on the court‘s sentence promise, which, as applicable here, was a prison term of 3 1/2 years with no mention of anything else. Accordingly, the fact that the prosecutor mentioned postrelease supervision earlier in the plea proceeding does not warrant a different result. A court‘s failure to warn a defendant prior to pleading guilty of the sentencing consequences of the plea is not subject to harmless error analysis (People v Hill, 9 NY3d 189, 192 [2007], cert denied 553 US —, 128 S Ct 2430 [2008]; see also People v Van Deusen, 7 NY3d 744, 745-746 [2006]). Similarly, there is no reason to depart from the rule that a defendant may raise a Catu issue for the first time on appeal (see People v Louree, 8 NY3d 541 [2007]). We have considered and rejected the People‘s remaining arguments. Concur—Tom, J.P., Andrias, Buckley and DeGrasse, JJ.

Case Details

Case Name: People v. Garcia
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 14, 2009
Citations: 61 A.D.3d 475; 876 N.Y.S.2d 402
Court Abbreviation: N.Y. App. Div.
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