People v. Melio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Altman, J.P.
On this appeal, we are asked to determine whether statutorily-mandated postrelease supervision (see Penal Law § 70.45) is a direct consequence of a plea of guilty about which a defendant must be informed before the plea is entered. We conclude that it is a direct consequence, but that under the circumstances, the case should be remitted for a hearing to determine the bona fides of the defendant’s claim that he would not have pleaded guilty had he been so informed.
The defendant was indicted on charges of sodomy in the first degree, two counts of sexual abuse in…
2Cases cited15 opinions
- People v. SeabergNew York Court of Appeals · 1989
- People v. FordNew York Court of Appeals · 1995
- People v. NixonNew York Court of Appeals · 1967
- United States v. RaineriCourt of Appeals for the First Circuit · 1994
- United States v. Dereck W. Andrades, Also Known as Light, Also Known as Dererrick BlockerCourt of Appeals for the Second Circuit · 1999
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3Cited by22 opinions
- The People v. Roni Smith The People v. Keith FaganNew York Court of Appeals · 2016
- State v. BarahonaCourt of Appeals of Kansas · 2006
- People v. BonillaAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BallingerAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2010
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