| People v Woods |
| 2007 NY Slip Op 09913 [46 AD3d 345] |
| December 18, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Charles Woods, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Vincenzo S. Lippiello of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered April 12, 2006,convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencinghim, as a second violent felony offender, to a term of seven years followed by five years'postrelease supervision, unanimously reversed, on the law, the plea vacated, the full indictmentreinstated and the matter remanded for further proceedings.
Defendant's guilty plea was involuntary because the court did not inform him, until thesentencing, that his sentence would include postrelease supervision (see People v Louree, 8 NY3d 541[2007]; People v Catu, 4 NY3d242 [2005]). The People's suggestion that postrelease supervision may have been mentionedat some court appearance not reflected in the record on appeal rests on speculation. Thischallenge to the voluntariness of the plea survives defendant's waiver of his right to appeal(People v Seaberg, 74 NY2d 1, 10 [1989]). We further note that, on the specific issuewhether an appeal waiver precludes appellate review of a court's failure to advise a defendantpleading guilty that the bargained-for sentence will be followed by a specific period of mandatorypostrelease supervision, the Court of Appeals in People v Louree appears to haveimplicitly rejected such a claim (8 NY3d 541 [2007], revg 28 AD3d 680 [2006]).
This determination renders defendant's remaining arguments academic. However, we cautionthat, in the event defendant again chooses to plead guilty to second-degree assault under [*2]Penal Law § 120.05 (2), the court should specificallyascertain that defendant admits causing physical injury by means of a deadly weapon or adangerous instrument. Concur—Saxe, J.P., Marlow, Williams, Sweeny and Malone, JJ.