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PEOPLE v. STEWART

1505.

67 A.D.3d 553 (2009)

889 N.Y.S.2d 173

2009 NY Slip Op 08490

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE STEWART, Appellant.

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

Decided November 19, 2009.

When defendant pleaded guilty in 2003, the court did not inform him of the specific term of postrelease supervision he would be receiving, although it did inform him it would impose the maximum permissible term. At sentencing the court imposed five years' postrelease supervision. The omission of the warning required under People v Catu (4 N.Y.3d 242 [2005]) "is clear from the face of the record and therefore not properly raised in...

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