Legal Opinion · Dissent

People v. McAlpin

New York Court of Appeals

Decided November 22, 2011No. 213Published

1DissentPigott, J.

The case before us raises two important issues, but the majority addresses neither. The first issue is whether a defendant may raise a challenge under People v Catu (4 NY3d 242 [2005]) on appeal when he made no objection to postrelease supervision (PRS) at sentencing, and his defense counsel agreed with the sentencing court’s statement on the record that the defendant had been informed of post-release supervision at the plea proceeding. The second issue is whether a sentencing court violates Catu when it imposes PRS, as part of an enhanced sentence following violation of a plea *939agreement, if…

2Cases cited4 opinions

  1. People v. CatuNew York Court of Appeals · 2005
  2. People v. LoureeNew York Court of Appeals · 2007
  3. People v. MurrayNew York Court of Appeals · 2010
  4. People v. McAlpinAppellate Division of the Supreme Court of the State of New York · 2009

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