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DEFENDANT WAS NOT INFORMED OF ALL THE DIRECT CONSEQUENCES OF THE GUILTY PLEA, INCLUDING THE FINE; GUILTY PLEA VACATED (FOURTH DEPT). ​

The Fourth Department, vacating defendant’s conviction to driving while ability impaired by drugs, determined the sentencing judge did not inform defendant of the direct consequences of the guilty  plea:

“It is well settled that, in order for a plea to be knowingly, voluntarily and intelligently entered, a defendant must be advised of the direct consequences of that plea” … . “The direct consequences of a plea—those whose omission from a plea colloquy makes the plea per se invalid—are essentially the core components of a defendant’s sentence: a term of probation or imprisonment, a term of postrelease supervision, a fine” … , and the failure to advise a defendant at the time of the guilty plea of all of the potential direct consequence of that plea “requires that [the] plea be vacated” … . Here, the court advised defendant that, upon a violation of interim probation, he could be sentenced “to anything allowable by law which . . . is up to two and a third to seven years in the department of corrections,” but failed to advise him of any other potential direct consequences of the plea, including a fine (see Vehicle and Traffic Law § 1193 [1] [c] [ii]). We note that defendant’s challenge to the voluntariness of his plea is not encompassed in an appeal waiver … , and that preservation of defendant’s contention was not required under the circumstances of this case inasmuch as “defendant did not have sufficient knowledge of the terms of the plea at the plea allocution and, when later advised, did not have sufficient opportunity to move to withdraw [his] plea” … . People v Abraham, 2024 NY Slip Op 01419, Fourth Dept 3-15-24

Practice Point: If a judge fails to inform a defendant of the direct consequences of a guilty plea, including the fine, the plea must be vacated.

 

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