People v. Terry

209 N.Y.S.3d 642

226 A.D.3d 1215

The PEOPLE of the State of New York, Respondent,

v.Shawn C. TERRY, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: March 22, 2024

Decided and Entered: April 18, 2024

Richard L. Herzfeld, New York City, for appellant.

Kirk O. Martin, District Attorney, Owego (Torrance L. Schmitz of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Pritzker, Powers and Mackey, JJ.

MEMORANDUM AND ORDER

Appeals (1) from a judgment of the County Court of Tioga County (Gerald A. Keene, J.), rendered April 23, 2018, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the fifth degree, and (2) from a judgment of said court, rendered April 23, 2018, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In April 2017, defendant was charged in a 12-count indictment with various drug-related offenses occurring between September and December 2016 - the most serious of which was criminal possession of a controlled substance in the second degree. Thereafter, in December 2017, defendant also was charged in a three-count indictment with additional drug offenses that occurred in October and November 2017 - with the top counting charging defendant with criminal possession of a controlled substance in the third degree. In full satisfaction of the respective indictments, and as part of a global plea disposition, defendant agreed to plead guilty to criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the fifth degree and criminal possession of a controlled substance in the third degree. The People agreed that the sentence imposed upon defendant’s conviction of criminal possession of a controlled substance in the second degree would be capped at seven years, followed by five years of postrelease supervision, and that lesser, concurrent terms of imprisonment would be imposed upon the remaining convictions. Defendant pleaded guilty in conformity with the plea agreement, and County Court sentenced defendant upon his conviction of criminal possession of a controlled substance in the second degree to a prison term of seven years, followed by five years of postrelease supervision, and to lesser, concurrent terms of imprisonment upon the remaining convictions....