| People v Campbell |
| 2013 NY Slip Op 00502 [102 AD3d 979] |
| January 30, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Glen Campbell, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Andrea M.DiGregorio of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Kase, J.), rendered October 18, 2011, convicting him of robbery in the first degree (twocounts), robbery in the second degree, burglary in the first degree (two counts), andconspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the plea is vacated, and the matteris remitted to the Supreme Court, Nassau County, for further proceedings in accordanceherewith.
As the People correctly concede, the Supreme Court's failure to advise the defendantat the time of the plea that his sentence would include a period of postrelease supervisionprevented his plea from being knowing, voluntary, and intelligent (see People v Catu, 4 NY3d242, 245 [2005]; see alsoPeople v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d189, 191 [2007], cert denied 553 US 1048 [2008]; People v Weichow, 96 AD3d883, 884 [2012]). Accordingly, the judgment must be reversed, the plea vacated, andthe matter remitted to the Supreme Court, Nassau County, for further proceedings(see People v Weichow, 96 AD3d at 884; People v Borrego, 59 AD3d 456 [2009]). Angiolillo, J.P.,Balkin, Austin and Miller, JJ., concur.