People v. Corsaro, 612 KA 14-01090

• Decision Date: 08 May 2015
• Docket Number: 612 KA 14-01090
• Parties: The PEOPLE of the State of New York, Respondent, v. Anthony CORSARO, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

128 A.D.3d 1538

7 N.Y.S.3d 924 (Mem)

2015 N.Y. Slip Op. 04017

The PEOPLE of the State of New York, Respondent

v.Anthony CORSARO, Defendant–Appellant.

612 KA 14-01090

Supreme Court, Appellate Division, Fourth Department, New York.

May 8, 2015.

Ann M. Nichols, Buffalo, for Defendant–Appellant.

Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.

OpinionMEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, attempted burglary in the second degree (Penal Law §§ 110.00, 140.25[2] ). We agree with defendant that vacatur of the plea and reversal of the judgment of conviction are required because County Court failed to advise him, at the time of the plea, of the period of postrelease supervision that would be imposed at sentencing (see People v. Turner, 24 N.Y.3d 254, 259, 997 N.Y.S.2d 671, 22 N.E.3d 179 ; People v. Catu, 4 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081 ; People v. Colon, 101 A.D.3d 1635, 1637–1638, 956 N.Y.S.2d 347 ; People v. Dean, 52 A.D.3d 1308, 1308, 861 N.Y.S.2d 545, lv. denied 11 N.Y.3d 736, 864 N.Y.S.2d 394, 894 N.E.2d 658 ). In light of our determination, we do not address defendant's remaining contentions.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Niagara County Court for further proceedings on the indictment.

SMITH, J.P., CARNI, LINDLEY, VALENTINO, and WHALEN, JJ., concur.