Opinion
2015-02562 Index No. 700124/09.
12-23-2015
The PEOPLE, etc., respondent, v. Dennis WOLFOLK, Jr., appellant.
Marianne Karas, Thornwood, N.Y., for appellant. Madeline Singas, Acting District Attorney, Mineola, N.Y. (Judith R. Sternberg of counsel; Matthew C. Frankel on the brief), for respondent.
Marianne Karas, Thornwood, N.Y., for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Judith R. Sternberg of counsel; Matthew C. Frankel on the brief), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered February 25, 2014, convicting him of criminal possession of a weapon in the second degree, upon his 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.
At the time of the plea, the defendant was promised a sentence that included a period of 1 ½ years of postrelease supervision. At the time of sentencing, the Supreme Court imposed a sentence that included a period of 2 ½ years of postrelease supervision without first notifying the defendant that the promise of 1 ½ years of postrelease supervision would not be honored (see People v. Crowder, 24 N.Y.3d 1134, 3 N.Y.S.3d 309, 26 N.E.3d 1164; People v. McAlpin, 17 N.Y.3d 936, 938, 936 N.Y.S.2d 666, 960 N.E.2d 435). As the People correctly concede, the Supreme Court's failure to advise the defendant at the time of the plea that his sentence would include a 2 ½–year period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent (see People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081; People v. Fuertes, 105 A.D.3d 974, 974, 962 N.Y.S.2d 916; People v. Campbell, 102 A.D.3d 979, 958 N.Y.S.2d 615; People v. Weichow, 96 A.D.3d 883, 884, 946 N.Y.S.2d 479). 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. Fuertes, 105 A.D.3d at 974, 962 N.Y.S.2d 916; People v. Weichow, 96 A.D.3d at 884, 946 N.Y.S.2d 479).
In light of our determination, we need not reach the defendant's remaining contention.
HALL, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.