| People v Borrego |
| 2009 NY Slip Op 00699 [59 AD3d 456] |
| February 3, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Noslen Borrego, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubortof counsel; Xiaobo [Peter] Chen on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barros, J., atplea; Tomei, J., at sentencing), rendered November 27, 2006, convicting him of robbery in thefirst 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 thematter is remitted to the Supreme Court, Kings County, for further proceedings.
As the People correctly concede, the failure of the court to advise the defendant, at the timeof the plea, that his sentence would include a period of postrelease supervision requires reversalof the judgment of conviction (seePeople v Hill, 9 NY3d 189, 191-192 [2007]; People v Louree, 8 NY3d 541, 544-545 [2007]; People v Catu, 4 NY3d 242, 245[2005]; People v Stewart, 57 AD3d581 [2008]; People v Bernard,53 AD3d 586, 586-587 [2008]; People v Cook, 49 AD3d 777, 777-778 [2008]; People v Lipscombe, 49 AD3d781, 782 [2008]).
The defendant's remaining contention is without merit. Rivera, J.P., Miller, Carni andMcCarthy, JJ., concur.