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People v. Stewart

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 2, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
JEFFREY STEWART, APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., MARK C. DILLON, EDWARD D. CARNI & JOHN M. LEVENTHAL, JJ.

(Ind. No. 569B-05)

DECISION & ORDER

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).

SKELOS, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

20081202

© 1992-2008 VersusLaw Inc.



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