| People v Rivera |
| 2017 NY Slip Op 02284 [148 AD3d 1672] |
| March 24, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Noel R.Rivera, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.),rendered March 21, 2011. The judgment convicted defendant, upon his plea of guilty, of murderin the second degree and burglary in the first degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofmurder in the second degree (Penal Law § 125.25 [1]) and two counts of burglary inthe first degree (§ 140.30 [2], [3]). Defendant was sentenced to an indeterminateterm of incarceration of 15 years to life for murder, to be served concurrently with determinateterms of 15 years imposed on the burglary counts. With respect to the burglary counts, defendantwas also sentenced to five-year periods of postrelease supervision (PRS).
We agree with defendant that Supreme Court breached its obligation to advise him, at thetime of the plea, that the sentences imposed upon his conviction of two counts of burglary wouldinclude periods of PRS (see People vCatu, 4 NY3d 242, 244-245 [2005]). In these circumstances, however, we conclude thatreversal of the judgment of conviction and vacatur of the plea are not required (cf. id. at245; People v Corsaro, 128 AD3d1538, 1538 [2015]). Because "defendant is subject to 'lifetime parole supervision, theimposition of postrelease supervision following his imprisonment for [burglary] is duplicativeand does not deprive him of the benefit of his plea bargain' " (People v Gillard, 126 AD3d 1285,1286 [2015], quoting People vHaynes, 14 AD3d 789, 791 [2005], lv denied 4 NY3d 831 [2005]).Present—Whalen, P.J., Smith, Carni, Lindley and NeMoyer, JJ.