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People v. Kevin Jean-Baptiste

Defendant, pro se, moves this court, pursuant to New York Criminal Procedure Law §440. 20(1) to set aside his sentence. Defendant contends that his sentence should be set aside because he was not informed of the statutorily mandated five year post-release supervision term that accompanies a determi.....

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Defendant, pro se, moves this court, pursuant to New York Criminal Procedure Law §440. 20(1) to set aside his sentence. Defendant contends that his sentence should be set aside because he was not informed of the statutorily mandated five year post-release supervision term that accompanies a determinate sentence in accordance with his plea agreement. Thus, defendant claims that his plea was involuntarily, unintelligently and unknowingly made. Defendant asserts that his sentence is illegal and unauthorized as a matter of law and not in accordance with the plea agreement.

This Court has considered defendant’s motion and the People’s opposition. For the reasons set forth below, defendant’s motion to set aside the sentence is denied.

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