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People v. James

Supreme Court, Appellate Division, First Department, New York.
Nov 29, 2016
144 A.D.3d 596 (N.Y. App. Div. 2016)

Opinion

11-29-2016

The PEOPLE of the State of New York, Respondent, v. Kevin JAMES, Defendant–Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), for respondent.


Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Angela M. Mazzarelli, J. at plea; Richard M. Weinberg, J. at sentencing), rendered June 13, 2013, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of four months, unanimously affirmed.

The sentencing court properly exercised its discretion when it declined to adjudicate defendant a youthful offender (see generally People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976] ). At the time of defendant's guilty plea in 1990, the court promised YO treatment and probation on the conditions that defendant return for sentencing and avoid additional arrests. However, defendant absconded, was convicted of a felony and numerous other offenses in another state, and did not return for sentencing until approximately 22 years after the plea. Because defendant violated the plea conditions, the plea court's promise of YO treatment was no longer in effect, and the sentencing court's initial statement, made before receiving and considering an updated presentence report, that it was still inclined to grant YO treatment did not constitute an enforceable promise.

RENWICK, J.P., RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.


Summaries of

People v. James

Supreme Court, Appellate Division, First Department, New York.
Nov 29, 2016
144 A.D.3d 596 (N.Y. App. Div. 2016)
Case details for

People v. James

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Kevin JAMES…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 29, 2016

Citations

144 A.D.3d 596 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 8003
41 N.Y.S.3d 418