| People v Kirksey |
| 2008 NY Slip Op 08759 [56 AD3d 573] |
| November 12, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Alphonso Kirksey, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered July 18, 2005, convicting him of attempted murder in the first degree and assault in thefirst 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 isremitted to the County Court, Orange County, for further proceedings in accordance herewith.
The court's failure to advise the defendant at the time of the plea that his sentence wouldinclude a mandatory period of postrelease supervision prevented his plea from being knowing,voluntary, and intelligent (see People vHill, 9 NY3d 189 [2007]; People v Louree, 8 NY3d 541 [2007]; People v Catu, 4 NY3d 242[2005]). Accordingly, we reverse the judgment, vacate the plea, and remit the matter to theCounty Court, Orange County, for further proceedings (see People v Thompson, 47 AD3d 648 [2008]). Spolzino, J.P.,Santucci, Miller, Dickerson and Eng, JJ., concur.