THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOSE CONCEPCION DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSE CONCEPCION, DEFENDANT-APPELLANT.

388 Decided: June 05, 2026

PRESENT: WHALEN, P.J., BANNISTER, MONTOUR, NOWAK, AND HANNAH, JJ.

KELIANN M. ARGY, ORCHARD PARK, FOR DEFENDANT-APPELLANT. VINCENT A. HEMMING, DISTRICT ATTORNEY, WARSAW, FOR RESPONDENT.

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 Wyoming County Court for further proceedings on the indictment.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the second degree (Penal Law § 120.05 [3]). As defendant contends and the People correctly concede, County Court misadvised defendant as to both the minimum term of incarceration and the maximum period of postrelease supervision to which he was exposed. Thus, defendant did not knowingly, voluntarily, and intelligently plead guilty (see People v Scott, 44 NY3d 302, 314-315 [2025]; People v Keller, 168 AD3d 1098, 1099-1100 [2d Dept 2019]). We therefore reverse the judgment and vacate the plea, and we remit the matter to County Court for further proceedings on the indictment.

In light of our determination, defendant's remaining contention is academic.

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court

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