| People v Murrell |
| 2016 NY Slip Op 00385 [135 AD3d 882] |
| January 20, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Trevone Murrell, Appellant. |
[Recalled and vacated, see 2017 NY Slip Op 06195.]
Jillian S. Harrington, Staten Island, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Judith R. Sternberg and PamelaKelly-Pincus of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Berkowitz, J.), rendered February 10, 2012, convicting him of burglary in the seconddegree, 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.
Although the defendant validly waived his right to appeal, his claim with respect tothe voluntariness of the plea survives such a waiver (see People v Seaberg, 74NY2d 1, 10 [1989]; People vMurphy, 114 AD3d 704, 705 [2014]; People v Joseph, 103 AD3d 665 [2013]; People v Ballinger, 12 AD3d686, 687 [2004]).
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]). Accordingly, the judgment must be reversed, the plea vacated, andthe matter remitted to the Supreme Court, Nassau County, for further proceedings (see People v Fuertes, 105AD3d 974, 975 [2013]; People v Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d883, 884 [2012]).
The defendant's remaining contention has been rendered academic in light of ourdetermination. Balkin, J.P., Chambers, Cohen and Hinds-Radix, JJ., concur.