PEOPLE v. MOSS

S.C.I. No. 300/14. 2015-01283, 2016-01957.

166 A.D.3d 655 (2018)

84 N.Y.S.3d 915

2018 NY Slip Op 07455

The People of the State of New York, Respondent, v. Teresa V. Moss, Appellant.

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

Decided November 7, 2018.


Ordered that the judgment and the resentence are affirmed.

At the time of the defendant's plea of guilty, she was misinformed that a maximum period of five years of postrelease supervision could be imposed upon her conviction of assault in the second degree when, in fact, such conviction only exposed her to a period of postrelease supervision ranging between 1½ to 3 years. At sentencing, the County Court imposed a sentence which included an illegal five-year...

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