| People v Curry |
| 2009 NY Slip Op 06861 [65 AD3d 1373] |
| September 29, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v David Curry, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.,at plea; D'Emic, J., at sentence), rendered February 1, 2007, convicting him of robbery in thefirst degree and petit larceny, 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 Supreme Court, Kings County, for further proceedings in accordance herewith.
At the time the defendant entered a plea of guilty to robbery in the first degree and petitlarceny, the court did not inform him that if he failed to complete a mental health and substanceabuse treatment program, he would receive a 10-year prison term plus 5 years of postreleasesupervision. As correctly conceded by the People, since the court failed to inform the defendantof the postrelease supervision component of his sentence at the time of his plea, the defendant isentitled to reversal as a matter of law (see People v Louree, 8 NY3d 541 [2007];People v Catu, 4 NY3d 242 [2005]; People v Gibbs, 61 AD3d 699 [2009];People v Borrego, 59 AD3d 456 [2009]; People v Lipscombe, 49 AD3d 781[2008]) and must be permitted to withdraw his plea (see People v Hill, 9 NY3d 189[2007]). Fisher, J.P., Balkin, Hall and Austin, JJ., concur.