People v Saunders (Noah)

[*1] People v Saunders (Noah) 2005 NY Slip Op 51587(U) [9 Misc 3d 131(A)] Decided on September 30, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
2004-1570 W CR

The People of the State of New York, Respondent,

against

Noah Saunders, Appellant.

Appeal from an amended judgment of the City Court of Mount Vernon, Westchester County (William Edwards, J.), rendered on October 8, 2004. The amended judgment convicted defendant, upon his plea of guilty, of two counts of criminal sale of marihuana in the fourth degree, and resentenced him to two consecutive one-year terms of incarceration.

Amended judgment of conviction unanimously affirmed.

In satisfaction of a misdemeanor complaint charging him with three counts of criminal sale of marihuana in the fourth degree (Penal Law § 221.40), defendant [*2]
pleaded guilty to two counts of criminal sale of marihuana in the fourth degree, with the understanding that he would be sentenced to a three-year term of probation on each count, to run concurrently, and that he would enter the City of Mount Vernon Drug Treatment Court Program. He was also told that if he violated probation, he faced resentence of two one-year terms of incarceration running consecutively. At sentencing, he executed a form which advised him of the conditions of probation, one of which was that he notify his probation officer if he was arrested or questioned by any law enforcement official.

The court subsequently learned that defendant had been arrested while on probation and that he had a pending charge of promoting prison contraband (Penal Law § 205.20). He had not informed the court or his probation officer of his arrest. After a violation of probation hearing, the court determined that defendant, in fact, had violated the terms of his probation, terminated probation, and resentenced him to two consecutive one-year terms of incarceration. [*3]

Upon a review of the record, we find that the court did not err in determining that defendant violated the terms of his probation by failing to notify his probation officer "if arrested or questioned by any law enforcement official." Moreover, we conclude that the resentence was not unduly harsh or severe.
Decision Date: September 30, 2005