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People v. Ransdell

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 2007
45 A.D.3d 467 (N.Y. App. Div. 2007)

Opinion

No. 2126 3008/05.

November 27, 2007.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered August 11, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of two years and nine months, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Before: Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.


The court properly exercised its discretion in adding three months to defendant's originally promised sentence based on his failure to comply with one of the terms of his plea bargain, which was to return to court on the sentencing date. There is no merit to defendant's excuse for failing to appear until after the court had adjourned for the day. We note that under the terms of the plea agreement defendant could have been treated more severely for this breach, including forfeiture of the opportunity to replace his original plea of guilty to third-degree sale of a controlled substance with a plea to fifth-degree sale.

Defendant's claim regarding the imposition of a mandatory surcharge and fees is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it ( see People v Lemos, 34 AD3d 343, lv denied 8 NY3d 924).


Summaries of

People v. Ransdell

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 2007
45 A.D.3d 467 (N.Y. App. Div. 2007)
Case details for

People v. Ransdell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER RANSDELL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 27, 2007

Citations

45 A.D.3d 467 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9324
845 N.Y.S.2d 735