Legal Opinion

People v. Garcia

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

Decided April 14, 2009PublishedCited by 2 opinions

1Opinion of the Court

*476Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 26, 2007, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 years, unanimously reversed, on the law, the plea vacated and the matter remanded for further proceedings.

The court’s failure to inform defendant at his plea allocution that he would be subject to a period of postrelease supervision requires reversal of the conviction (People v Catu, 4 NY3d 242 [2005]). In pleading guilty,…

2Cases cited4 opinions

  1. People v. CatuNew York Court of Appeals · 2005
  2. People v. LoureeNew York Court of Appeals · 2007
  3. People v. HillNew York Court of Appeals · 2007
  4. People v. Van DeusenNew York Court of Appeals · 2006

3Cited by2 opinions

  1. People v. CornellAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. KeyAppellate Division of the Supreme Court of the State of New York · 2009

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