People v. Marrero
Court: Appellate Division of the Supreme Court of the State of New York; May 4, 1998; New York; State Appellate Court
An appeal was filed by the defendant against a judgment from the Supreme Court, Kings County, which convicted him of attempted criminal sale of a controlled substance in the third degree following a guilty plea. The initial sentence was an indeterminate term of four and one-half to nine years. The appellate court modified the judgment, reducing the sentence to three to six years imprisonment, affirming the judgment as modified. At the time of his plea, the defendant was promised a sentence of three to six years and was released on his own recognizance pending sentencing. Subsequently, the prosecution received information suggesting that the defendant intended to flee, prompting his return under a bench warrant for sentencing. The Supreme Court, upon evidence of the defendant's intent to flee, imposed the enhanced sentence without allowing him to withdraw his plea. The appellate court rejected the defendant's argument that the plea agreement lacked a condition for his return for sentencing, finding that such a condition could be implied. However, the court determined that the evidence of the defendant's intent to flee was insufficient to justify the enhanced sentence. Consequently, the defendant was entitled to the original plea agreement terms. The decision was concurred by Judges Ritter, Thompson, Friedmann, and Goldstein.