People v Stewart

2008 NY Slip Op 09633 [57 AD3d 581]

December 2, 2008

Appellate Division, Second Department

As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent, v JeffreyStewart, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered October 21, 2005, convicting him of attempted criminal sale of a controlled substance in thethird degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the plea of guilty is vacated, and the matter isremitted to the County Court, Suffolk County, for further proceedings.

The record does not establish that the defendant was informed, prior to entering his plea, that hissentence would necessarily include a period of postrelease supervision. As the People concede, theplea must therefore be vacated (see People vLouree, 8 NY3d 541 [2007]; People v Bernard, 53 AD3d 586 [2008]; People v Cook, 49 AD3d 777 [2008];People v Thompson, 47 AD3d 648[2008]). Skelos, J.P., Dillon, Carni and Leventhal, JJ., concur.