Opinion
Decided February 7, 2008.
APPEAL, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered November 21, 2006. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Budd G. Goodman, J.), which had convicted defendant, upon his plea of guilty, of robbery in the first degree.
Defendant pleaded guilty to first-degree robbery in exchange for a sentence of nine years in prison. When defendant failed to appear for sentencing and was arrested on additional charges, Supreme Court imposed a sentence of 11 years in prison plus 5 years of postrelease supervision. In the Court of Appeals defendant argued that his plea should be invalidated as involuntary because Supreme Court failed to advise him during the plea discussion, plea colloquy or prior to imposing sentence that the negotiated disposition would include a mandatory period of postrelease supervision.
People v Cumberbatch, 36 AD3d 157, reversed.
Office of the Appellate Defender, New York City ( Margaret E. Knight, Richard M. Greenberg and Risa Gerson of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York City ( Beth Fisch Cohen of counsel), for respondent.
Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, defendant's plea vacated and case remitted to Supreme Court, New York County, for further proceedings on the indictment ( see People v Louree, 8 NY3d 541).