Legal Opinion

People v. Cook

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 2008PublishedCited by 4 opinions

1Opinion of the Court

On appeal, the defendant challenges the validity of his plea on the ground that the Supreme Court failed to inform him that his sentence would include a period of postrelease supervision. Review of the record reveals that the court did inform the defendant of this condition at sentencing, but it failed to so inform *778him at the plea allocution. Under such circumstances, the defendant did not waive his challenge to the sufficiency to the plea allocution on direct appeal, despite the fact that he did not make a formal post-allocution motion to withdraw the plea or a motion to vacate the judgment…

2Cases cited3 opinions

  1. People v. CatuNew York Court of Appeals · 2005
  2. People v. LoureeNew York Court of Appeals · 2007
  3. People v. PaganAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. People v. BorregoAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. GibbsAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. StewartAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. LorickAppellate Division of the Supreme Court of the State of New York · 2009

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