Daily Record Staff//March 9, 2015//
Daily Record Staff//March 9, 2015//
New York State Court of Appeals – Plea Agreement – Post-Release Supervision Component – Preservation
People v. Crowder
No. 11
Memorandum
Background: The defendant was indicted on charges of burglary and criminal mischief and before a combined evidentiary hearing, a proposed plea bargain was placed on the record. Three days later, the defendant returned to court and indicated at the outset that he was going to take the plea. The defendant agreed to participate in a drug rehabilitation program. However, the defendant failed to cooperate with his parole officers and was arrested. The defendant argued that his subsequent conviction should be vacated because the court failed to apprise him of the post-release supervision component of his sentencing.
Ruling: The Court of Appeals held that the defendant was required to preserve his claims. The defendant and his attorney had three chances to raise the issue of post-release supervision and failed to do so.
Lee Kindlon for the appellant; Gerald A. Dwyer for the respondent