Opinion
Decided September 18, 2007.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered January 4, 2007. The Appellate Division affirmed a judgment of the Schenectady County Court (Richard C. Giardino, J.), which had convicted defendant, upon his plea of guilty, of assault in the second degree (two counts).
Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
Defendant pleaded guilty to assault in the second degree (two counts) in exchange for a second felony offender sentence of concurrent prison terms of three years. County Court sentenced defendant according to the plea agreement but also ordered him to serve five years of postrelease supervision. On appeal defendant contended that he was entitled to vacatur of his plea because County Court failed to advise him of the postrelease supervision component of his sentence at the time his plea was entered and that he was entitled to raise the issue on appeal notwithstanding his failure to preserve the issue by a postallocution motion ( People v. Louree, 8 NY3d 541).
People v. Salaam, 36 AD3d 969, reversed.
Susan T. Aron, Voorheesville, for appellant.
Robert M. Carney, District Attorney, Schenectady ( Alfred D. Chapleau of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, defendant's plea vacated and case remitted to County Court, Schenectady County, for further proceedings on the indictments ( see People v. Louree, 8 NY3d 541).