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PEOPLE v. KIRKSEY

56 A.D.3d 573 (2008)

866 N.Y.S.2d 876

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALPHONSO KIRKSEY, Appellant.

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

November 6, 2008.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Orange County, for further proceedings in accordance herewith.

The court's failure to advise the defendant at the time of the plea that his sentence would include a mandatory period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent (see People v Hill,

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