People v. Cumberbatch

OPINION OF THE COURT

Marlow, J.

The principal issue on this appeal is whether a claim under People v Catu (4 NY3d 242 [2005]) must be preserved for appellate review. Defendant contends that this Court should invalidate his plea because Supreme Court failed to advise him during the plea discussions, plea colloquy, or prior to imposing sentence that the negotiated disposition would include a mandatory period of postrelease supervision.

In November 2002 defendant and two accomplices robbed two women at gunpoint and were indicted on robbery, assault and weapon possession charges. In June 2003,…