People v Bernard
2008 NY Slip Op 06304 [53 AD3d 586]
July 15, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


The People of the State of New York, Respondent,
v
Michael S. Bernard, Appellant.

[*1] Gary E. Eisenberg, New City, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered June 20, 2006, convicting him of robbery in the second degree, upon a 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 County Court, Dutchess County, for further proceedings.

The plea minutes do not reveal whether the defendant was informed, prior to entering his plea, that his sentence would necessarily include a period of postrelease supervision. Therefore, as the People correctly concede, the plea must be vacated (see People v Louree, 8 NY3d 541 [2007]; People v Catu, 4 NY3d 242 [2005]). Skelos, J.P., Miller, Carni and Chambers, JJ., concur.