PEOPLE v. ARMSTRONG (2006)

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered December 22, 2003, convicting defendant, upon his guilty plea, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of eight 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 of the post-release supervision component of his sentence rendered his plea not fully knowing, voluntary and intelligent (People v. Catu, 4 N.Y.3d 242, 792 N.Y.S.2d 887 [2005] ).   Although defendant failed to preserve this issue for appeal, the error is so fundamental as to warrant reversal of his conviction and vacatur of his plea in the interest of justice (see People v. Bracey, 24 A.D.3d 363, 364, 807 N.Y.S.2d 34 [2005];  People v. Cintron, 18 A.D.3d 322, 795 N.Y.S.2d 531 [2005] ).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.