Opinion
2013-01-30
The PEOPLE, etc., respondent, v. Glen CAMPBELL, appellant.
Patrick Michael Megaro, Uniondale, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Andrea M. DiGregorio of counsel), for respondent.
Patrick Michael Megaro, Uniondale, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Andrea M. DiGregorio of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Kase, J.), rendered October 18, 2011, convicting him of robbery in the first degree (two counts), robbery in the second degree, burglary in the first degree (two counts), and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
As the People correctly concede, the Supreme Court's failure to advise the defendant at the time of the plea that his sentence would include a period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent ( see People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081;see also People v. Cornell, 16 N.Y.3d 801, 802, 921 N.Y.S.2d 641, 946 N.E.2d 740;People v. Hill, 9 N.Y.3d 189, 191, 849 N.Y.S.2d 13, 879 N.E.2d 152,cert. denied553 U.S. 1048, 128 S.Ct. 2430, 171 L.Ed.2d 257;People v. Weichow, 96 A.D.3d 883, 884, 946 N.Y.S.2d 479). Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the Supreme Court, Nassau County, for further proceedings ( see People v. Weichow, 96 A.D.3d at 884, 946 N.Y.S.2d 479;People v. Borrego, 59 A.D.3d 456, 871 N.Y.S.2d 912).