PEOPLE v. MELIO


304 A.D.2d 247 (2003)

760 N.Y.S.2d 216

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT M. MELIO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 27, 2003.


Attorney(s) appearing for the Case

Mark Diamond, New York City, for appellant.

Thomas J. Spota, District Attorney, Riverhead (Craig D. Pavlik of counsel), for respondent.

SMITH, H. MILLER and ADAMS, JJ., concur.


OPINION OF THE COURT

ALTMAN, J.P.

On this appeal, we are asked to determine whether statutorily-mandated postrelease supervision (see Penal Law § 70.45) is a direct consequence of a plea of guilty about which a defendant must be informed before the plea is entered. We conclude that it is a direct consequence, but that under the circumstances, the case should be remitted for a hearing to determine the bona fides of the defendant's claim that he...

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