| People v Fuertes |
| 2013 NY Slip Op 02591 [105 AD3d 974] |
| April 17, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jose Fuertes, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and AndreaM. DiGregorio of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Kase, J.), rendered December 22, 2011, convicting him of robbery in the first degree(two counts), 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 his 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]). Accordingly, thejudgment must be reversed, the plea vacated, and the matter remitted to the SupremeCourt, Nassau County, for further proceedings (see People v Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d883, 884 [2012]; People vBorrego, 59 AD3d 456 [2009]).
The defendant's remaining contentions are academic in light of our determination.Mastro, J.P., Chambers, Hall and Lott, JJ., concur.