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PEOPLE v. HILL

9 N.Y.3d 189 (2007)

879 N.E.2d 152

849 N.Y.S.2d 13

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY HILL, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 2007.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn and Alan Gadlin of counsel), for respondent.

Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge KAYE; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

In April 2002, defendant pleaded guilty to rape in the first degree in full satisfaction of the indictment. The court sentenced him to a determinate 15-year imprisonment term. No mention was made, either during the plea or during the sentencing that followed one month later, of an additional five-year term of postrelease supervision, which defendant allegedly learned of from a fellow inmate. Defendant now claims that...

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