People v. Ziegler

Appellate Division of the Supreme Court of New York

People v. Ziegler

2017 NY Slip Op 3121, 149 A.D.3d 634, 51 N.Y.S.3d 517

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

DecidedApril 25, 2017

Docket3813 2885/13

StatusPublished

Cited by2 cases

This text of 2017 NY Slip Op 3121 (People v. Ziegler) 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. Ziegler, 2017 NY Slip Op 3121, 149 A.D.3d 634, 51 N.Y.S.3d 517 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered January 14, 2015, convicting defendant, upon his plea of guilty, of criminal sale of controlled substance in the third degree and criminal facilitation in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of six years, with IV2 years of postrelease supervision, unanimously reversed, on the law, the plea vacated, and the matter remanded for further proceedings.

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 NY3d 936 [2011]). The People’s argument regarding preservation is unavailing. The prosecutor’s recommendation of a specific term of PRS at certain court appearances, and immediately before sentencing, “was not the type of notice under People v Murray (15 NY3d 725 [2010]) that would require defendant to preserve the issue” (People v Singletary, 118 AD3d 610, 611 [1st Dept 2014]).

Concur — Friedman, J.P., Richter, Feinman, Gische and Gesmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered January 14, 2015, convicting defendant, upon his plea of guilty, of criminal sale of controlled substance in the third degree and criminal facilitation in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of six years, with IV2 years of postrelease supervision, unanimously reversed, on the law, the plea vacated, and the matter remanded for further proceedings.

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 NY3d 936 [2011]). The People’s argument regarding preservation is unavailing. The prosecutor’s recommendation of a specific term of PRS at certain court appearances, and immediately before sentencing, “was not the type of notice under People v Murray (15 NY3d 725 [2010]) that would require defendant to preserve the issue” (People v Singletary, 118 AD3d 610, 611 [1st Dept 2014]).

Concur — Friedman, J.P., Richter, Feinman, Gische and Gesmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 3121, 149 A.D.3d 634, 51 N.Y.S.3d 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ziegler-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack