The People &c.,
Respondent,
v.
Randolfo Catu,
Appellant.
2005 NY Int. 45
Indicted for robbery in the second degree, feloniously
operating a motor vehicle while under the influence of alcohol
and related charges, defendant pleaded guilty to attempted
robbery in the second degree and operating a motor vehicle while
under the influence of alcohol, as a felony, in exchange for an
aggregate determinate sentence of three years in state prison and
a $1000 fine. Because defendant was a second felony offender,
While a trial court has no obligation to explain to defendants who plead guilty the possibility that collateral consequences may attach to their criminal convictions, the court must advise a defendant of the direct consequences of the plea ( see People v Ford, , 86 NY2d 397 [1995]). Collateral consequences "are peculiar to the individual and generally result from the actions taken by agencies the court does not control." A direct consequence "is one which has a definite, immediate and largely automatic effect on defendant's punishment" ( id. at 403).
Postrelease supervision is a direct consequence of a
criminal conviction. In eliminating parole for all violent
felony offenders in 1998, the Legislature enacted a scheme of
determinate sentencing to be followed by periods of mandatory
postrelease supervision ( see L 1998, ch 1 ["Jenna's Law"]), and
defined each determinate sentence to "also include[], as a part
thereof, an additional period of post-release supervision" (Penal Law § 70.45 [1]; see also Senate Mem in Support, 1998 McKinney's
Session Laws of NY, at 1489 [describing postrelease supervision
as "a distinct but integral part of the determinate sentence"]).
Whereas the term of supervision to be imposed may vary depending
"A trial court has the constitutional duty to ensure that a defendant, before pleading guilty, has a full understanding of what the plea connotes and its consequences" ( Ford, 86 NY2d at 402-403 [citations omitted]). Although the court is not required to engage in any particular litany when allocuting the defendant, "due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant" ( id. at 403 [citation and internal quotation marks omitted]).
Postrelease supervision is significant. Upon release
from the underlying term of imprisonment, a defendant must be
furnished with a written statement setting forth the conditions
of postrelease supervision in sufficient detail to provide for
the defendant's conduct and supervision ( see Penal Law § 70.45
[3]). In addition to supervision by and reporting to a parole
officer, postrelease supervision may require compliance with any
conditions to which a parolee may be subject ( see id.),
including, for example, a curfew, restrictions on travel, and
substance abuse testing and treatment. Moreover, postrelease
supervision may require up to six months of participation in a
Because a defendant pleading guilty to a determinate sentence must be aware of the postrelease supervision component of that sentence in order to knowingly, voluntarily and intelligently choose among alternative courses of action, the failure of a court to advise of postrelease supervision requires reversal of the conviction. The refusal of the trial court and Appellate Division to vacate defendant's plea on the ground that he did not establish that he would have declined to plead guilty had he known of the postrelease supervision was therefore error ( see also People v Coles, , 62 NY2d 908, 910 [1984] ["harmless error rules were designed to review trial verdicts and are difficult to apply to guilty pleas"]).
In light of this result, we do not reach defendant's alternative claim of ineffective assistance of counsel.
Accordingly, the order of the Appellate Division should be reversed and the case remitted to Supreme Court for further proceedings in accordance with this Opinion.