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PEOPLE v. ZIEGLER

3813, 2885/13.

149 A.D.3d 634 (2017)

2017 NY Slip Op 03121

51 N.Y.S.3d 517

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT ZIEGLER, Appellant.

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

Decided April 25, 2017.

Although the court warned defendant that the enhanced sentence he would, and did, receive, upon his violation of the plea conditions would include a term of postrelease supervision, the court did not specify the length of that term. This entitles defendant to vacatur of the plea (see People v McAlpin, 17 N.Y.3d 936 [2011]). The People's argument regarding preservation is unavailing. The prosecutor's recommendation of a specific term...

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