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PEOPLE v. GARCIA

61 A.D.3d 475 (2009)

876 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMUNDO GARCIA, Appellant.

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

Decided April 14, 2009.

The court's failure to inform defendant at his plea allocution that he would be subject to a period of postrelease supervision requires reversal of the conviction (People v Catu, 4 N.Y.3d 242 [2005]). In pleading guilty, defendant was entitled to rely on the court's sentence promise, which, as applicable here, was a prison term of 3½ years with no mention of anything else. Accordingly, the fact that the prosecutor mentioned...

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