PEOPLE v. NELSON

4072, 350/07, 4073

91 A.D.3d 424 (2012)

935 N.Y.S.2d 513

2012 NY Slip Op 19

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST NELSON, Appellant.

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

Decided January 3, 2012.


At the time of the plea, the court advised defendant of the prison sentences he might receive if he violated the terms of his written plea agreement. The court, however, did not reference the imposition of postrelease supervision (PRS) as a component of the alternate sentence. Under People v Catu (4 N.Y.3d 242, 244-245 [2005]), PRS was a direct consequence of the plea notwithstanding that defendant could have earned a misdemeanor...

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