Legal Opinion · Dissent

People v. Turner

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

Decided June 14, 2013Published

1Dissent

Sconiers and Martoche, JJ.

(dissenting). We respectfully dissent. “Because a defendant pleading guilty to a determinate sentence must be aware of the postrelease supervision [PRS] component of that sentence in order to knowingly, voluntarily and intelligently choose among alternative courses of action, the failure of a court to advise of postrelease supervision requires reversal of the conviction” (People v Catu, 4 NY3d 242, 245 [2005]). Contrary to the conclusion of the majority, we agree with defendant that the plea was not knowingly, voluntarily and intelligently entered and that she was…

2Cases cited9 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. People v. CatuNew York Court of Appeals · 2005
  3. People v. LoureeNew York Court of Appeals · 2007
  4. People v. MurrayNew York Court of Appeals · 2010
  5. People v. BoydNew York Court of Appeals · 2009

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