| People v Jamison |
| 2020 NY Slip Op 01955 [181 AD3d 508] |
| March 19, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Barshon Jamison, Also Known as Tremaine Jamison, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Judgment, Supreme Court, New York County (Felicia A. Mennin, J.), rendered July 24, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of six years with two years postrelease supervision (PRS), unanimously reversed, on the law, the plea vacated, and the matter remanded for further proceedings.
At the plea proceeding, the court advised defendant that under the plea agreement, he
would plead guilty to third-degree possession, a class B felony, and fifth-degree
possession, a class D felony, with the understanding that if he complied with the terms of
the plea agreement, he would be allowed to withdraw his plea to the B felony, and be
sentenced, solely on the D felony, to 3
The court was required to advise defendant that his potential sentence in the event he violated the plea conditions would include PRS, and it was also required to specify the length of the term of PRS (see People v McAlpin, 17 NY3d 936 [2011]). The prosecutor's brief reference to PRS immediately before sentencing was not the type of notice under People v Murray (15 NY3d 725 [2010]) that would require defendant to preserve the issue (see People v Singletary, 118 AD3d 610, 611 [1st Dept 2014]).
In light of this determination, we find it unnecessary to reach any other issues. Concur—Renwick, J.P., Gische, Mazzarelli, Webber and Singh, JJ.