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PEOPLE v. RAMSEY
Factual and Procedural Background
Defendant waived indictment and pleaded guilty to attempted criminal sale of a controlled substance in the third degree in satisfaction of a two-count superior court information, with the understanding she would receive a 3 to 9-year prison sentence. After the plea she was released on her own recognizance subject to a condition that, if she failed to reappear for sentencing, County Court could revoke its sentencing commitment and impose a 5 to 15-year sentence. Defendant failed to appear for sentencing on January 9, 1998, was indicted April 3, 1998 for bail jumping in the first degree, was arrested on or about June 10, 1998 in Middletown, Orange County, and returned to Broome County. On August 20, 1998 County Court denied her motion to withdraw her plea and imposed the enhanced 5 to 15-year sentence; the bail jumping charge was dismissed on the People's motion. Defendant appealed.
Legal Issues Presented
- Whether the enhanced 5 to 15-year sentence imposed after defendant's failure to appear was harsh and excessive.
- Whether defendant received ineffective assistance of counsel challenging the enhanced sentence and plea withdrawal proceedings.
Arguments of the Parties
Appellant's Arguments
- Contended the 5 to 15-year sentence imposed was harsh and excessive.
- Asserted a specific claim of ineffective assistance of counsel.
Respondent's Arguments
- Relied on defendant's violation of the release conditions (failure to appear despite being informed an enhanced sentence could result) to justify the enhanced sentence.
- Noted that the People moved to dismiss the bail jumping charge following imposition of the enhanced sentence.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| People v. Diaz, 264 A.D.2d 879, 695 N.Y.S.2d 200 | Support for rejecting claim that imposed enhanced sentence was harsh or excessive. | The court cited this authority in rejecting defendant's contention that the 5 to 15-year sentence was harsh and excessive. |
| People v. Hughes, 260 A.D.2d 657, lv denied 93 N.Y.2d 972 | Support for rejecting claim that imposed enhanced sentence was harsh or excessive. | The court cited this authority in rejecting defendant's contention that the 5 to 15-year sentence was harsh and excessive. |
Court's Reasoning and Analysis
The court found defendant violated the release conditions by failing to appear for sentencing despite being informed that such conduct would justify imposition of an enhanced sentence. On that basis the court rejected the claim that the 5 to 15-year sentence was harsh and excessive, citing People v. Diaz and People v. Hughes. As to the ineffective-assistance claim, the court concluded the record belied that claim because defense counsel filed a motion seeking to withdraw the guilty plea based on the court's stated intent to revoke the sentencing commitment and impose the enhanced sentence. The court noted that defendant's remaining contentions were examined and found unpersuasive.
Holding and Implications
Judgment affirmed.
Direct effect: County Court's August 20, 1998 judgment imposing the 5 to 15-year sentence was upheld and the bail jumping charge was dismissed on the People's motion. The opinion does not announce or discuss any new legal precedent.
MUGGLIN, J.
Defendant waived indictment and pleaded guilty to the crime of attempted criminal sale of a controlled substance in the third degree in satisfaction of a two-count superior court information with the understanding that she would receive a 3 to 9-year prison sentence. Following the plea, defendant was released on her own recognizance with the condition that if she failed to reappear on the sentencing date County Court was authorized to revoke its sentencing commitment and impose a sentence of 5 to 15 years in prison. Defendant failed to appear on January 9, 1998 for sentencing, was indicted on April 3, 1998 for bail jumping in the first degree, was arrested in the City of Middletown, Orange County, on or about June 10, 1998 and returned to Broome County. On August 20, 1998, County Court denied her motion to withdraw her previous plea and imposed the enhanced sentence, whereupon the bail jumping charge was dismissed on the People's motion. Defendant appeals.
We affirm. Inasmuch as defendant violated the release conditions by failing to appear for sentencing despite being informed by County Court that such conduct would justify an enhanced sentence, we reject defendant's contention that the 5 to 15-year sentence imposed was harsh and excessive under the circumstances (see, People v. Diaz, 264 A.D.2d 879, 695 N.Y.S.2d 200;People v. Hughes, 260 A.D.2d 657, lv denied 93 N.Y.2d 972). Moreover, defendant's specific claim of ineffective assistance of counsel is belied by the record which reveals that defense counsel filed a motion seeking to withdraw defendant's guilty plea based upon the court's stated intent to revoke the sentencing commitment and impose the enhanced sentence. Defendant's remaining contentions have been examined and found to be unpersuasive.
ORDERED that the judgment is affirmed.
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