Legal Opinion · Dissent

People v. Divalentino

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

Decided September 25, 2013Published

1Dissent

Angiolillo, J.,

dissents, and votes to affirm the judgment with the following memorandum, in which Roman, J., concurs: I do not agree with the majority that the County Court failed to advise the defendant of the postrelease supervision component of his sentence at the time he entered his plea of guilty. Therefore, I respectfully dissent, and would vote to affirm the judgment of conviction.

In People v Catu (4 NY3d 242 [2005]), the Court of Appeals held that postrelease supervision is a direct consequence of certain criminal convictions. “Because a defendant pleading guilty to a determinate…

2Cases cited4 opinions

  1. People v. CatuNew York Court of Appeals · 2005
  2. People v. BoydNew York Court of Appeals · 2009
  3. People v. BluntAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. HollisAppellate Division of the Supreme Court of the State of New York · 2003

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