| People v Gibbs |
| 2009 NY Slip Op 02805 [61 AD3d 699] |
| April 7, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rufus Gibbs, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss and AndrewR. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered January 17, 2008, convicting him of robbery in the first 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 County Court, Orange County, for further proceedings.
The failure of the County Court to advise the defendant, at the time of the plea, that hissentence would include a period of postrelease supervision requires reversal of the judgment ofconviction (see People v Hill, 9NY3d 189, 191-192 [2007]; Peoplev Louree, 8 NY3d 541, 544-545 [2007]; People v Catu, 4 NY3d 242, 245 [2005]). Accordingly, we reversethe judgment, vacate the plea, and remit the matter to the County Court, Orange County, forfurther proceedings (see People vBorrego, 59 AD3d 456 [2009]; People v Stewart, 57 AD3d 581 [2008]; People v Kirksey, 56 AD3d 573[2008]; People v Bernard, 53 AD3d586, 586-587 [2008]; People vCook, 49 AD3d 777, 777-778 [2008]; People v Lipscombe, 49 AD3d 781, 782 [2008]; People v Thompson, 47 AD3d648 [2008]).
The defendant's remaining contentions are without merit. Mastro, J.P., Covello, Eng andLeventhal, JJ., concur.