Opinion
2012-06-13
The PEOPLE, etc., respondent, v. Victoria WEICHOW, appellant.
Leon H. Tracy, Jericho, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.
Leon H. Tracy, Jericho, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered May 5, 2010, convicting her of robberyin the second degree (three counts), upon her 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 her sentence would include a period of postrelease supervision prevented her plea from being knowing, voluntary, and intelligent ( see 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. Louree, 8 N.Y.3d 541, 545–546, 838 N.Y.S.2d 18, 869 N.E.2d 18;People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081). 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. Gibbs, 61 A.D.3d 699, 875 N.Y.S.2d 904;People v. Borrego, 59 A.D.3d 456, 871 N.Y.S.2d 912;People v. Kirksey, 56 A.D.3d 573, 866 N.Y.S.2d 876;People v. Thompson, 47 A.D.3d 648, 848 N.Y.S.2d 540).