People v. Louree, 18.

CourtNew York Court of Appeals
Writing for the CourtRead
Citation869 N.E.2d 18,8 N.Y.3d 541
Decision Date05 June 2007
Docket Number18.
PartiesThe PEOPLE of the State of New York, Respondent, v. Cornell LOUREE, Appellant.
869 N.E.2d 18
8 N.Y.3d 541
The PEOPLE of the State of New York, Respondent,
v.
Cornell LOUREE, Appellant.
18.
Court of Appeals of New York.
June 5, 2007.

[869 N.E.2d 19]

Appellate Advocates, New York City (Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Solomon Neubort and Leonard Joblove of counsel), for respondent.

[8 N.Y.3d 542]

OPINION OF THE COURT

READ, J.


Defendant Cornell Louree was indicted for criminal possession of a weapon in the third degree (Penal Law § 265.02), and criminal possession of a weapon in the fourth degree (Penal Law § 265.01). On September 18, 2003, he pleaded guilty to attempted criminal possession of a weapon in the third degree in exchange for a one-year prison sentence, or two years if a prior conviction in Connecticut qualified as a predicate felony in New York.

Because defendant requested an unusually long adjournment before sentencing, the trial judge also required him to plead guilty to criminal possession of a weapon in the third degree,

8 N.Y.3d 543

with the understanding that he could later withdraw this plea and the count would be dismissed so long as he appeared in court for his scheduled sentencing on December 4, 2003, was not arrested in the meantime, and cooperated fully with the Probation Department in preparation of the presentence report. The judge informed him that

"[i]n the event you fail to fully comply with any or all of these conditions, I am not bound to impose the negotiated sentence, you will not be permitted to withdraw your guilty plea, and I am authorized by law to impose a higher sentence of up to seven years in jail. You understand that?"

Defendant answered "Yes." The judge did not mention that a period of postrelease supervision would follow either the conditionally promised two-year or a potential seven-year sentence.

As it turned out, defendant did not fulfill any of the prerequisites for the more lenient sentence: he skipped his scheduled sentencing, he was arrested for robbery, and he did not cooperate in the preparation

869 N.E.2d 20

of his presentence report. In addition, the Connecticut conviction qualified as a felony. When defendant returned to court on December 22, 2003, his counsel moved to be relieved because defendant "wish[ed] to withdraw his plea and based on what he told me, I believe there will be a conflict." The court denied the motion. Defendant did, in fact, eventually move to withdraw his plea, his counsel explaining that

"when he took the plea what [defendant] is telling me is that he was in his mind one hundred percent certain that he did not have a prior felony conviction in the State of Connecticut. That it, in fact, was a misdemeanor and if he had known that it was, in fact, a felony he would not have taken this plea."

The trial judge denied the application.

After discussion of other topics not relevant to this appeal, a plea for leniency by defense counsel, and a short statement from defendant, the trial judge reviewed what had happened at the September hearing and afterwards, and the proceeding ended as follows:

"THE COURT: . . . Pursuant to the plea agreement, I'm not going to—pursuant to your breach of the

8 N.Y.3d 544

plea agreement, I'm not going to sentence you on the E felony. On motion of the People, move to withdraw his plea and dismiss the E felony?

"[DISTRICT ATTORNEY]: That's correct.

"THE COURT: That would be done. Criminal Possession of a Weapon in the Third Degree. Therefore, it is the judgment of this Court that you are sentenced to a period—sentenced to seven years incarceration on the D violent felony offense followed by five years postrelease supervision. $200 surcharge imposed. $10 Crime Victims Assistance fee and $50 DNA registration fee imposed. Government will draw your blood.

"You've previously pled guilty—waived your right to appeal.

"These proceedings are completed. Officers take charge.

"THE DEFENDANT: I can't appeal?

"THE COURT: You got seven. Take charge."

The Appellate Division affirmed the judgment of conviction and sentence, concluding briefly that

"defendant's contention that his plea was not knowingly, intelligently, and voluntarily entered because he was not informed that he would be subject to a mandatory period of post-release supervision is unpreserved for appellate review since he did not move either to withdraw his plea or vacate the judgment of conviction on that basis" (28 A.D.3d 680, 813 N.Y.S.2d 219 [2d Dept. 2006]).

The court also declined to review the issue in the exercise of its interest-of-justice jurisdiction, and expressed the view that our decision in People v. Catu, 4 N.Y.3d 242, 792 N.Y.S.2d 887, 825 N.E.2d 1081 (2005) did not require a different result. A Judge of this Court subsequently granted defendant leave to appeal, and we now reverse.

"A trial court has the constitutional duty to ensure...

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175 practice notes
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...792 N.Y.S.2d 887, 825 N.E.2d 1081 [2005] ["the court must advise a defendant of the direct consequences of the plea"]; People v. Louree, 8 N.Y.3d 541, 545, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007] ["a plea cannot be knowing, voluntary and intelligent if a defendant is ignorant of a direct cons......
  • The People Of The State Of N.Y. v. Williams
    • United States
    • New York Court of Appeals
    • February 23, 2010
    ...courses of action” and, therefore, her plea was involuntary ( id. at 746, 819 N.Y.S.2d 854, 853 N.E.2d 223). Then, in People v. Louree, 8 N.Y.3d 541, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007], we recognized that a Catu error may be raised on direct appeal even if a defendant did not preserve th......
  • People v. Smith
    • United States
    • New York Court of Appeals
    • November 1, 2016
    ...in rectifying Catu errors, our case law permits a defendant to raise an unpreserved Catu error on direct appeal (see People v. Louree, 8 N.Y.3d 541, 545–546 n., 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007] [also holding that a defendant may not raise a Catu objection by way of a CPL article 440 pr......
  • Ruffins v. The Dep't Of Corr. Serv., No. 08-CV-5240 (JFB)(ARL).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 31, 2010
    ...N.Y.S.2d 887, 825 N.E.2d 1081 (2005), People v. Van Deusen, 7 N.Y.3d 744, 819 N.Y.S.2d 854, 853 N.E.2d 223 (2006), and People v. Louree, 8 N.Y.3d 541, 838 N.Y.S.2d 18, 869 N.E.2d 18 (2007) ] made clear that the courts violated defendant's due process rights-not the defendant's sentencing ex......
  • Request a trial to view additional results
175 cases
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...792 N.Y.S.2d 887, 825 N.E.2d 1081 [2005] ["the court must advise a defendant of the direct consequences of the plea"]; People v. Louree, 8 N.Y.3d 541, 545, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007] ["a plea cannot be knowing, voluntary and intelligent if a defendant is ignorant of a direct cons......
  • The People Of The State Of N.Y. v. Williams
    • United States
    • New York Court of Appeals
    • February 23, 2010
    ...courses of action” and, therefore, her plea was involuntary ( id. at 746, 819 N.Y.S.2d 854, 853 N.E.2d 223). Then, in People v. Louree, 8 N.Y.3d 541, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007], we recognized that a Catu error may be raised on direct appeal even if a defendant did not preserve th......
  • People v. Smith
    • United States
    • New York Court of Appeals
    • November 1, 2016
    ...in rectifying Catu errors, our case law permits a defendant to raise an unpreserved Catu error on direct appeal (see People v. Louree, 8 N.Y.3d 541, 545–546 n., 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007] [also holding that a defendant may not raise a Catu objection by way of a CPL article 440 pr......
  • Ruffins v. The Dep't Of Corr. Serv., No. 08-CV-5240 (JFB)(ARL).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 31, 2010
    ...N.Y.S.2d 887, 825 N.E.2d 1081 (2005), People v. Van Deusen, 7 N.Y.3d 744, 819 N.Y.S.2d 854, 853 N.E.2d 223 (2006), and People v. Louree, 8 N.Y.3d 541, 838 N.Y.S.2d 18, 869 N.E.2d 18 (2007) ] made clear that the courts violated defendant's due process rights-not the defendant's sentencing ex......
  • Request a trial to view additional results

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