People v. Garcia
Opinion of the Court
The court’s failure to inform defendant at his plea allocution that he would be subject to a period of postrelease supervision requires reversal of the conviction (People v Catu, 4 NY3d 242 [2005]). In pleading guilty, defendant was entitled to rely on the court’s sentence promise, which, as applicable here, was a prison term of 3V2 years with no mention of anything else. Accordingly, the fact that the prosecutor mentioned postrelease supervision earlier in the plea proceeding does not warrant a different result. A court’s failure to warn a defendant prior to pleading guilty of the sentencing consequences of the plea is not subject to harmless error analysis (People v Hill, 9 NY3d 189, 192 [2007], cert denied 553 US —, 128 S Ct 2430 [2008]; see also People v Van Deusen, 7 NY3d 744, 745-746 [2006]). Similarly, there is no reason to depart from the rule that a defendant may raise a Catu issue for the first time on appeal (see People v Louree, 8 NY3d 541 [2007]). We have considered and rejected the People’s remaining arguments. Concur—Tom, J.E, Andrias, Buckley and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.