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People v. Ventura

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 967 (N.Y. App. Div. 2003)

Opinion

13403

January 30, 2003.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered October 18, 2000, convicting defendant upon his plea of guilty of the crimes of robbery in the second degree and criminal possession of a forged instrument in the second degree.

Jon Kosich, Greenville, for appellant.

Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Before: Mercure, J.P., Crew III, Peters, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

In accordance with a negotiated plea agreement, defendant waived his right to appeal and pleaded guilty to the crimes of robbery in the second degree and criminal possession of a forged instrument in the second degree. Defendant was sentenced as a second felony offender to concurrent prison terms of eight years and 1½ to 3 years, respectively. Defendant contends, and the People concede, that because he was not advised of the five-year postrelease supervision component of the sentence that, in the interest of justice, defendant be permitted an opportunity to withdraw his plea, notwithstanding his waiver of his right to appeal. This Court has held that given the significant and punitive nature of postrelease supervision, the failure of a court to advise a defendant of such postrelease supervision requires that the defendant be given an opportunity to withdraw his plea of guilty (see People v. Harler, 296 A.D.2d 712; People v. Jaworski, 296 A.D.2d 597).

Mercure, J.P., Crew III, Peters, Rose and Lahtinen, JJ., concur.

ORDERED that the judgment is reversed, as a matter of discretion in the interest of justice, plea vacated and matter remitted to the County Court of Schenectady County for further proceedings not inconsistent with this Court's decision.


Summaries of

People v. Ventura

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 967 (N.Y. App. Div. 2003)
Case details for

People v. Ventura

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE VENTURA…

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

Date published: Jan 30, 2003

Citations

301 A.D.2d 967 (N.Y. App. Div. 2003)
753 N.Y.S.2d 403

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