People v. Cintron

18 A.D.3d 322, 795 N.Y.S.2d 531, 2005 N.Y. App. Div. LEXIS 5439
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 19, 2005
StatusPublished
Cited by2 cases

This text of 18 A.D.3d 322 (People v. Cintron) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cintron, 18 A.D.3d 322, 795 N.Y.S.2d 531, 2005 N.Y. App. Div. LEXIS 5439 (N.Y. Ct. App. 2005).

Opinion

Judgment, Supreme Court, Bronx County (Lawrence H. Bernstein, J.), rendered December 12, 2001, convicting defendant, upon his guilty plea, of burglary in the second degree, and sentencing him to a prison term of five years, unanimously reversed, as a matter of discretion in the interest of justice, the plea vacated and the matter remitted to Supreme Court for further proceedings in accordance with this decision.

The court’s failure to advise defendant that his sentence would include a mandatory period of postrelease supervision rendered his plea not fully knowing, voluntary and intelligent, and therefore his conviction should be reversed and his plea vacated (see People v Catu, 4 NY3d 242 [2005]). Concur— Buckley, P.J., Andrias, Sullivan, Ellerin and Williams, JJ.

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Related

People v. Armstrong
31 A.D.3d 291 (Appellate Division of the Supreme Court of New York, 2006)
People v. Pignataro
20 A.D.3d 892 (Appellate Division of the Supreme Court of New York, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
18 A.D.3d 322, 795 N.Y.S.2d 531, 2005 N.Y. App. Div. LEXIS 5439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cintron-nyappdiv-2005.