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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR PACHECO, Appellant.

MEMORANDUM AND ORDER

In March 2001, defendant pleaded guilty to criminal possession of a weapon in the second degree in full satisfaction of an eight-count indictment. In accordance with the plea agreement, he was sentenced to 7½ years in prison, but was not advised prior to entering his plea that he would also be subject to a period of postrelease supervision at the conclusion of his incarceration. He now appeals.

The failure to advise defendant — prior to accepting his plea — that the agreed-upon prison sentence would be followed by a mandatory period of postrelease supervision pursuant to Penal Law § 70.45 requires that he be provided the opportunity to withdraw his plea under our decision inPeople v. Goss ( 286 A.D.2d 180). This remedy is appropriate — despite defendant's failure to make an appropriate motion before County Court — since the plea proceeding took place before our decision in that case and the decision was rendered during the pendency of defendant's appeal (see People v. Grose, 2 A.D.3d 1211; People v. Hazen, 308 A.D.2d 637, 638; People v. Vahedi, 305 A.D.2d 866, 866; People v. Jaworski, 296 A.D.2d 597, 598).

Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ., concur.

ORDERED that the judgment is reversed, as a matter of discretion in the interest of justice, plea vacated and matter remitted to the County Court of Ulster County for further proceedings not inconsistent with this Court's decision.

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PEOPLE v. PACHECO
(Jun 17, 2004)