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People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2008
57 A.D.3d 581 (N.Y. App. Div. 2008)

Opinion

No. 2005-10937.

December 2, 2008.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered October 21, 2005, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

Before: Skelos, J.P., Dillon, Carni and Leventhal, JJ. concur.


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

The record does not establish that the defendant was informed, prior to entering his plea, that his sentence would necessarily include a period of postrelease supervision. As the People concede, the plea must therefore be vacated ( see People v Louree, 8 NY3d 541; People v Bernard, 53 AD3d 586; People v Cook, 49 AD3d 777; People v Thompson, 47 AD3d 648).


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2008
57 A.D.3d 581 (N.Y. App. Div. 2008)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY STEWART…

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

Date published: Dec 2, 2008

Citations

57 A.D.3d 581 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9633
867 N.Y.S.2d 697

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