Legal Opinion
People v. Chiacchiarini
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2012PublishedCited by 4 opinions
1Opinion of the CourtEgan Jr., J.
*1119Defendant’s principal argument on appeal is that County Court’s failure to apprise him — at the time of his plea — that he was subject to a mandatory period of postrelease supervision renders the underlying plea involuntary and mandates the vacatur thereof under Catu — even though no period of post-release supervision ever was imposed by either the sentencing court or the Department of Corrections and Community Supervision. As County Court correctly observed, where, as here, the alleged Catu violation appears on the face of the record and, therefore, could have been raised on a direct appeal,…
2Cases cited9 opinions
- People v. LoureeNew York Court of Appeals · 2007
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2008
- People v. StewartNew York Court of Appeals · 2011
- People v. RuckerAppellate Division of the Supreme Court of the State of New York · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HerbertAppellate Division of the Supreme Court of the State of New York · 2017
- People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2021
- People v. FranklinAppellate Division of the Supreme Court of the State of New York · 2012
- People v. FranklinAppellate Division of the Supreme Court of the State of New York · 2012