People v. Concepcion

Summary

The New York Appellate Division, Fourth Department, reversed a judgment convicting Jose Concepcion of assault in the second degree upon his guilty plea. The court held that the plea was not knowing, voluntary, and intelligent because the trial court misadvised him regarding the minimum term of incarceration and maximum period of postrelease supervision, and it vacated the plea and remitted the matter for further proceedings.

Holdings

1. A guilty plea is not knowing, voluntary, and intelligent when the court misadvises the defendant about both the minimum term of incarceration and the maximum period of postrelease supervision to which the defendant is exposed.
2. Once the guilty plea was vacated and the judgment reversed, defendant's remaining contention was academic and did not require resolution.

Questions Presented

1. Whether the defendant's guilty plea was knowing, voluntary, and intelligent when County Court misadvised him about the minimum term of incarceration and maximum period of postrelease supervision.
2. Whether defendant's remaining appellate contention required consideration after the plea was vacated.

Disposition

reversed_and_remanded