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PEOPLE v. BOYD

51 A.D.3d 325 (2008)

856 N.Y.S.2d 71

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL BOYD, Appellant.

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

April 17, 2008.

Attorney(s) appearing for the Case

Dominic J. Sichenzia, Carle Place, for appellant.

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

FRIEDMAN and WILLIAMS, JJ., concur with TOM, J.P.; McGUIRE, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

At issue on this appeal is whether acceptance of defendant's guilty plea in exchange for a negotiated determinate sentence without advising him of the duration of the period of postrelease supervision to be imposed or the permissible statutory range for the period of such supervision deprived him of the ability "to knowingly, voluntarily and intelligently choose among alternative courses of action" so as to require reversal...

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