| People v Stewart |
| 2008 NY Slip Op 09633 [57 AD3d 581] |
| December 2, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Jeffrey Stewart, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered October 21, 2005, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the plea of guilty is vacated, and the matter is remitted to the County Court, Suffolk County, for further proceedings.
The record does not establish that the defendant was informed, prior to entering his plea, that his sentence would necessarily include a period of postrelease supervision. As the People concede, the plea must therefore be vacated (see People v Louree, 8 NY3d 541 [2007]; People v Bernard, 53 AD3d 586 [2008]; People v Cook, 49 AD3d 777 [2008]; People v Thompson, 47 AD3d 648 [2008]). Skelos, J.P., Dillon, Carni and Leventhal, JJ., concur.