PEOPLE v. CINTRON (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Antonio CINTRON, Defendant-Appellant.

Decided: May 19, 2005

BUCKLEY, P.J., ANDRIAS, SULLIVAN, ELLERIN, WILLIAMS, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jillian E. Wieder of counsel), for respondent.

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 post-release 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 N.Y.3d 242, 792 N.Y.S.2d 887, 825 N.E.2d 1081 [2005] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network