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PEOPLE v. MONTANEZ

55 A.D.3d 372 (2008)

866 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIONISIO MONTANEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 2008.

When defendant pleaded guilty to second-degree burglary, the court did not advise him that his sentence would include postrelease supervision (PRS); accordingly, he is entitled to reversal of the conviction (see People v Louree, 8 N.Y.3d 541, 545-546 [2007]; People v Catu, 4 N.Y.3d 242, 245 [2005]). Since PRS was a direct consequence of the guilty plea that defendant actually entered and...

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