Carnright v. Williams

• Decision Date: 11 January 2018
• Docket Number: 524180
• Citation: 157 A.D.3d 1086,69 N.Y.S.3d 179
• Parties: In the Matter of D. Holley CARNRIGHT, as District Attorney of Ulster County, Petitioner, v. Donald WILLIAMS, as Ulster County Judge, Respondent, et al., Respondent.
• Court: New York Supreme Court — Appellate Division

157 A.D.3d 1086
69 N.Y.S.3d 179

In the Matter of D. Holley CARNRIGHT, as District Attorney of Ulster County, Petitioner,
v.
Donald WILLIAMS, as Ulster County Judge, Respondent, et al., Respondent.

524180

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

Calendar Date: November 16, 2017
Decided and Entered: January 11, 2018

69 N.Y.S.3d 180

D. Holley Carnright, District Attorney, Kingston, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for Donald Williams, respondent.

Before: McCarthy, J.P., Lynch, Devine, Mulvey and Aarons, JJ.

MEMORANDUM AND JUDGMENT

Aarons, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506[b][1] ) to, among other things, compel respondent Ulster County Judge to reinstate a superior court information against respondent Jessica Hernandez.

In February 2015, respondent Jessica Hernandez was arrested in the Town of Marlborough, Ulster County for driving while intoxicated with children in the vehicle and was subsequently charged with aggravated driving while intoxicated (see Vehicle and Traffic Law § 1192[2–a][b] ). Petitioner and Hernandez entered into a plea agreement whereby Hernandez would plead guilty as charged under a superior court information and enter into a period of interim probation. Upon Hernandez's completion of the interim probation, she could withdraw her felony plea and plead guilty to driving while intoxicated as a misdemeanor and be sentenced to, among other things, a period of conditional discharge. The plea agreement was placed on the record and, in December 2015, Hernandez pleaded guilty to aggravated driving while intoxicated.

In November 2016, petitioner moved to reduce the charge against Hernandez from a felony to a misdemeanor. Respondent Ulster County Judge (hereinafter respondent) granted the motion, and Hernandez pleaded guilty to the misdemeanor charge. Prior to sentencing, however, respondent advised petitioner that he was inclined to further reduce the charge against Hernandez from a misdemeanor to a violation. At the sentencing hearing, respondent noted that Hernandez, among other things, went "above and beyond the restrictions placed on her," volunteered her services as a domestic violence counselor and successfully completed a substance abuse treatment program. Respondent then,...