Legal Opinion
People v. Harnett
New York Court of Appeals
Decided February 10, 2011PublishedCited by 83 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that failing to warn a defendant who pleads guilty to a sex offense that he may be subject to the Sex Offender Management and Treatment Act (SOMTA) does not automatically invalidate the guilty plea.
I
Defendant pleaded guilty to sexual abuse in the first degree, consisting of sexual contact with a person under 11 years old (Penal Law § 130.65 [3]). During the plea allocution, defendant was told that he would be sentenced to seven years in prison, with a period of postrelease supervision to be set by the court between 3 years and 10 years; that he would be…
2Cases cited6 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- People v. FordNew York Court of Appeals · 1995
- People v. CatuNew York Court of Appeals · 2005
- People v. GravinoNew York Court of Appeals · 2010
- State v. BellamySupreme Court of New Jersey · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- People v. PequeNew York Court of Appeals · 2013
- State of Iowa v. Kevin Duane Fisher IISupreme Court of Iowa · 2016
- State v. Floyd Y.New York Court of Appeals · 2013
- People v. MonkNew York Court of Appeals · 2013
- People v. GeraldAppellate Division of the Supreme Court of the State of New York · 2013
78 more not listed; retrieve them via the Exa API.