New York Court of Appeals
The People of the State of New York, Respondent v. Tara Gravino, Appellant; the People of the State of New York…
May 11, 201014 N.Y.3d 546
Summary
The Court affirmed the Appellate Division’s orders, holding that Sex Offender Registration Act (SORA) registration and the terms and conditions of probation are collateral, not direct, consequences of a guilty plea and therefore need not be disclosed during the plea colloquy. Accordingly, the trial courts’ failure to inform the defendants of these consequences did not render their pleas involuntary or unintelligent. The Court noted that while collateral consequences may occasionally be so significant as to affect a plea, the present cases did not meet that threshold. A dissent argued that SORA certification and probation restrictions are direct consequences that must be disclosed.