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PEOPLE v. NUNEZ

10121, 2634/01.

176 A.D.3d 532 (2019)

108 N.Y.S.3d 838

2019 NY Slip Op 07504

The People of the State of New York, Respondent, v. Luis Nunez, Appellant.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Victorien Wu of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

As the People concede, defendant's guilty plea was invalid because there was no warning about postrelease supervision. Nevertheless, defendant is not entitled to his requested relief of dismissal of the indictment or, in the alternative, replacement of his conviction with a youthful offender adjudication.

Although defendant has served his sentence, dismissal of the indictment would be inappropriate, especially because he has

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