People v. Oduro ( 2015 )

People v Oduro (2015 NY Slip Op 02045)

People v Oduro

2015 NY Slip Op 02045

Decided on March 17, 2015

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 17, 2015
Mazzarelli, J.P., Sweeny, Renwick, Feinman, Kapnick, JJ.

14235 3024/12

[*1] The People of the State of New York, Respondent,

v

John Oduro, Defendant-Appellant.

Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered October 17, 2012, convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to a term of probation of five years, unanimously reversed, on the law, the plea vacated and the matter remanded for further proceedings.

As the People concede, the plea was defective because the court did not inform defendant of the length of the term of probation that he would be receiving (see People v Hartnett, 16 NY3d 200, 205 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 17, 2015

CLERK