PEOPLE v. PACHECO


8 A.D.3d 822 (2004)

778 N.Y.S.2d 327

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR PACHECO, Appellant.

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

June 17, 2004.


In March 2001, defendant pleaded guilty to criminal possession of a weapon in the second degree in full satisfaction of an eight-count indictment. In accordance with the plea agreement, he was sentenced to 7½ years in prison, but was not advised prior to entering his plea that he would also be subject to a period of postrelease supervision at the conclusion of his incarceration. He now appeals.

The failure to advise defendant—prior to accepting his plea...

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