People v. Agard

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 23, 2011, which denied defendant’s CPL 440.20 motion to set aside his sentence, unanimously reversed, on the law, the motion granted and the matter remanded for a new second violent felony offender adjudication and sentencing.

Defense counsel rendered ineffective assistance at the underlying sentencing proceeding by failing to ascertain that, in violation of People v Catu (4 NY3d 242 [2005]), defendant was not advised about postrelease supervision at the time of his prior plea, and by failing to litigate…