People v. Murray

— Lahtinen, J.

Appeal from an order of the County Court of Cortland County (Smith, J.), entered May 2, 2003, which granted defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of attempted burglary in the second degree, without a hearing.

In March 2000, defendant pleaded guilty to attempted burglary in the second degree in satisfaction of a five-count indictment. During the plea allocution, defendant was told that he would receive a determinate two-year sentence, but he was not informed of the three-year period of postrelease supervision imposed by Penal…