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PEOPLE v. HARNETT

No. 30.

16 N.Y.3d 200 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID M. HARNETT, Appellant.

Court of Appeals of New York.

Decided February 10, 2011.

Attorney(s) appearing for the Case

Brian M. Callahan , Duanesburg, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Gerald A. Dwyer , of counsel), for respondent.

Derek Champagne , District Attorney, White Plains ( Steven A. Bender , Morrie Kleinbart and Richard Longworth Hecht of counsel), for District Attorneys Association of the State of New York, amicus curiae.

New York Civil Liberties Union Foundation, New York City ( Andrew L. Kalloch , Katharine E.S. Bodde , Corey Stoughton , Christopher Dunn and Arthur Eisenberg of counsel), for New York Civil Liberties Union, amicus curiae.

Alfred O'Connor , Albany, for New York State Defenders Association, amicus curiae.

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

OPINION OF THE COURT

SMITH, J.

We hold that failing to warn a defendant who pleads guilty to a sex offense that he may be subject to the Sex Offender Management and Treatment Act (SOMTA) does not automatically invalidate the guilty plea.

I

Defendant pleaded guilty to sexual abuse in the first degree, consisting of sexual contact with a person under 11 years old (Penal Law § 130.65 [3]). During the plea allocution, defendant was told...

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