People v. PaganPeople v. Pagan
On appeal, the defendant challenges the validity of his pleas on the ground that the court failed to inform him that his sentences would include post-release supervision. Review of the record reveals that the court did inform the defendant of this condition at sentencing, but that it failed to so inform him at the plea allocutions. Under such circumstances, and contrary to the People‘s contention, the defendant did not waive his challenge to the sufficiency of his plea allocutions on direct appeal, despite the fact that he did not make a formal post-allocution motion to withdraw the pleas or a motion to vacate the judgments of conviction (see People v Louree, 8 NY3d 541 [2007]). Accordingly, “the failure of the court to advise of post release supervision [at the time of the pleas] requires reversal of the conviction [s]” (People v Catu, 4 NY3d 242, 245 [2005]).
In light of our determination, it is unnecessary to reach the defendant‘s remaining contentions. Crane, J.P., Santucci, Florio, Dillon and Balkin, JJ., concur.