A deeply divided upstate appeals panel has upheld a guilty plea where the defendant was not apprised during the plea allocution that the sentence would include post-release supervision. The Appellate Division, Fourth Department, ruling in People v. Turner, 11-01156, underscores an evolving body of law on when a defendant must be made aware of the full terms of a negotiated sentence, as required under People v. Catu, 4 NY3d 242 (2005).
In this case, there was no mention of post-release supervision when Geena Turner pleaded guilty in Monroe County Court to attempted second-degree murder. Rather, the issue arose for the first time at sentencing when Judge Vincent Dinolfo explained that Turner would face five years of supervised release after completing her 15-year prison sentence.
