| People v Pagan |
| 2007 NY Slip Op 06906 [43 AD3d 1086] |
| September 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MarkPagan, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), forrespondent.
Appeal by the defendant from two judgments of the County Court, Orange County (De Rosa,J.), both rendered May 25, 2005, convicting him of assault in the second degree (two counts)under indictment No. 04-00901, and assault on a peace officer under indictment No. 04-00906,upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are reversed, on the law, the pleas are vacated, and the matter isremitted to the County Court, Orange County, for further proceedings in accordance herewith.
On appeal, the defendant challenges the validity of his pleas on the ground that the courtfailed to inform him that his sentences would include post-release supervision. Review of therecord reveals that the court did inform the defendant of this condition at sentencing, but that itfailed to so inform him at the plea allocutions. Under such circumstances, and contrary to thePeople's contention, the defendant did not waive his challenge to the sufficiency of his pleaallocutions on direct appeal, despite the fact that he did not make a formal post-allocution motionto withdraw the pleas or a motion to vacate the judgments of conviction (see People v Louree, 8 NY3d 541[2007]). Accordingly, "the failure of the court to advise of post release supervision [at the time ofthe pleas] requires reversal of the conviction [s]" (People v Catu, 4 NY3d 242, 245 [2005]).[*2]
In light of our determination, it is unnecessary to reachthe defendant's remaining contentions. Crane, J.P., Santucci, Florio, Dillon and Balkin, JJ.,concur.