People v. Palmer

Appellate Division of the Supreme Court of New York

People v. Palmer

137 A.D.3d 1615, 26 N.Y.S.3d 904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2016

StatusPublished

This text of 137 A.D.3d 1615 (People v. Palmer) 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. Palmer, 137 A.D.3d 1615, 26 N.Y.S.3d 904 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered February 20, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Ontario County Court for further proceedings on the indictment.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), defendant contends that reversal of the judgment and vacatur of the plea are required because County Court failed to advise him, at the time of the plea, of the period of postrelease supervision that would be imposed at sentencing. We agree (see People v Turner, 24 NY3d 254, 259 [2014]; People v Catu, 4 NY3d 242, 245 [2005]; People v Corsaro, 128 AD3d 1538, 1538 [2015]). In light of our determination, we do not address defendant’s remaining contentions.

Present—Smith, J.P., Peradotto, Nemoyer, Curran and Scudder, JJ.

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Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered February 20, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Ontario County Court for further proceedings on the indictment.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), defendant contends that reversal of the judgment and vacatur of the plea are required because County Court failed to advise him, at the time of the plea, of the period of postrelease supervision that would be imposed at sentencing. We agree (see People v Turner, 24 NY3d 254, 259 [2014]; People v Catu, 4 NY3d 242, 245 [2005]; People v Corsaro, 128 AD3d 1538, 1538 [2015]). In light of our determination, we do not address defendant’s remaining contentions.

Present—Smith, J.P., Peradotto, Nemoyer, Curran and Scudder, JJ.

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Bluebook (online)

137 A.D.3d 1615, 26 N.Y.S.3d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-palmer-nyappdiv-2016.

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