PEOPLE v. LIPSCOMBE (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered March 21, 2006, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

At the plea proceeding, the defendant was not advised that he would be subject to a period of post-release supervision as part of an enhanced sentence if he failed to comply with the conditions of his plea.   After the defendant failed to appear on the scheduled sentencing date, the Supreme Court imposed the maximum sentence plus three years post-release supervision.   As the People correctly concede, the failure to advise the defendant of post-release supervision at the time of his plea requires reversal of his conviction (see People v. Louree, 8 N.Y.3d 541, 838 N.Y.S.2d 18, 869 N.E.2d 18;  People v. Pagan, 43 A.D.3d 1086, 843 N.Y.S.2d 101).