| People v Wolfolk |
| 2015 NY Slip Op 09446 [134 AD3d 1059] |
| December 23, 2015 |
| Appellate Division, Second Department |
| As corrected through Wednesday, February 11, 2015 |
[*1] The People of the State of New York,Respondent,
v
Dennis Wolfolk, Jr., Appellant. |
Marianne Karas, Thornwood, NY, for appellant.
Madeline Singas, Acting District Attorney, Mineola, NY (Judith R. Sternberg ofcounsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Peck, J.), rendered February 25, 2014, convicting him of criminal possession of aweapon in the second 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.
At the time of the plea, the defendant was promised a sentence that included a periodof 11/2 years of postrelease supervision. At the time of sentencing, theSupreme Court imposed a sentence that included a period of 21/2 years ofpostrelease supervision without first notifying the defendant that the promise of11/2 years of postrelease supervision would not be honored (see People v Crowder, 24NY3d 1134 [2015]; Peoplev McAlpin, 17 NY3d 936, 938 [2011]). As the People correctly concede, theSupreme Court's failure to advise the defendant at the time of the plea that his sentencewould include a 21/2-year period of postrelease supervision prevented hisplea from being knowing, voluntary, and intelligent (see People v Catu, 4 NY3d 242, 245 [2005]; People v Fuertes, 105 AD3d974, 974 [2013]; People vCampbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]).Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted tothe Supreme Court, Nassau County, for further proceedings (see People vFuertes, 105 AD3d at 974; People v Weichow, 96 AD3d at 884).
In light of our determination, we need not reach the defendant's remainingcontention. Hall, J.P., Austin, Roman and Barros, JJ., concur.
