THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BRANDON HEMINGWAY DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRANDON HEMINGWAY, DEFENDANT–APPELLANT.

KA 17–00759

Decided: November 09, 2018

PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ELIZABETH RIKER OF COUNSEL), FOR DEFENDANT–APPELLANT.

MEMORANDUM AND ORDER

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 Onondaga County Court for further proceedings on the indictment.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree (Penal Law

§ 130.50 [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. Palmer, 137 AD3d 1615, 1615 [4th Dept 2016] ). In light of our determination, we do not address defendant's remaining contentions.

Mark W. Bennett

Clerk of the Court

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