People v. Catu

In People v. Catu, 193 Misc. 2d 623 [Sup Ct, NY County 2002, Berkman,J.] the First Department affirmed the lower court's ruling which found that even though the Defendant learned of the postrelease supervision requirement after conviction, the Defendant had submitted no credible evidence that he protested in a timely manner or that he would not have pleaded guilty if he had been advised of the requirement. The lower court found that the Defendant was unworthy of belief, did not make a prompt complaint of the failure to inform him of the postrelease statute, and had failed to show that had he been advised of the postrelease provisions, he would not have pleaded guilty but rather would have gone to trial. (People v. Catu, 193 Misc. 2d at 629.)