Court of Appeals of New York

Defendant's resentencing under Penal Law section 70.85 is affirmed, where: 1) section 70.85 was enacted to address the error when a court fails in its constitutional duty to inform a defendant of a mandatory term of Post Release Supervision (PRS) before accepting a guilty plea, and allows a determinate sentence without a term of PRS to stand as a legal sentence; and 2) section 70.85 is a constitutionally permissible legislative remedy for the defectiveness of the plea.

Appellate Information

• Decided 12/12/2013
• Published 12/12/2013

Judges

• RIVERA

Court

• Court of Appeals of New York

Counsel