CA: defendant entitled to take plea back if postrelease supervision not part of plea colloquy

People v Louree, 2007 NY Slip Op 04679 [available here]

A defendant must be informed that his sentence will include a term of postrelease supervision before he pleads guilty, and a defendant who is not so informed is entitled to vacatur of his guilty plea. The defendant does not have to show that he would not have pleaded guilty if he knew about the postrelease supervision component of the sentence,and the issue does not have to be preserved for appellate review by a motion to withdraw the guilty plea. So says the Court of Appeals today, in a majority decision by Judge Read. (See Louree, 2007 NY Slip Op 04679.) Judge Pigott dissented, and would have required the defendant to object to the imposition of the postrelease supervision at sentencing to preserve the issue for review. (See id. at __ [Pigott, J., dissenting].)