People v. Morbillo

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered June 20, 2007, convicting him of robbery in the first degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Suffolk County, for further proceedings in accordance herewith.

During the plea proceedings, the County Court failed to advise the defendant that his sentence would run consecutively to the undischarged sentence on his prior conviction. At sentencing, over…