| People v Peck |
| 2010 NY Slip Op 08964 [78 AD3d 1199] |
| November 30, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tomas Peck, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle,J.), rendered April 1, 2009, convicting him of murder in the second degree, rape in the firstdegree (two counts), and criminal sexual act in the first degree (two counts), upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter isremitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith.
The plea minutes reveal that the defendant was not informed, prior to entering his plea, thatpostrelease supervision was required to be part of any sentence with a determinate prison term.Therefore, the judgment must be reversed and the plea must be vacated (see People vHill, 9 NY3d 189, 191 [2007], cert denied 553 US 1048 [2008]; People vLouree, 8 NY3d 541, 544-545 [2007]; People v Catu, 4 NY3d 242 [2005];People v Lindsay, 72 AD3d 845, 846 [2010]; People v Wilcox, 70 AD3d 1059[2010]; People v Curry, 65 AD3d 1373 [2009]; People v Key, 64 AD3d 793[2009]; People v Gibbs, 61 AD3d 699 [2009]). Accordingly, we remit the matter to theSupreme Court, Suffolk County, for further proceedings on the indictment, including a new plea,if the defendant be so advised.
In light of our determination, the defendant's remaining contention has been renderedacademic. Rivera, J.P., Dickerson, Lott and Roman, JJ., concur.