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People v. Bernard

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 2008
53 A.D.3d 586 (N.Y. App. Div. 2008)

Opinion

No. 2006-06306.

July 15, 2008.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered June 20, 2006, convicting him of robbery in the second degree, upon a plea of guilty, and imposing sentence.

Gary E. Eisenberg, New City, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Before: Skelos, J.P., Miller, Carni and Chambers, JJ.


Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Dutchess County, for further proceedings.

The plea minutes do not reveal whether the defendant was informed, prior to entering his plea, that his sentence would necessarily include a period of postrelease supervision. Therefore, as the People correctly concede, the plea must be vacated ( see People v Louree, 8 NY3d 541; People v Catu, 4 NY3d 242).


Summaries of

People v. Bernard

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 2008
53 A.D.3d 586 (N.Y. App. Div. 2008)
Case details for

People v. Bernard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL S. BERNARD…

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

Date published: Jul 15, 2008

Citations

53 A.D.3d 586 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6304
860 N.Y.S.2d 406

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