People v. Gilliam
| Citation | 162 A.D.3d 1413,79 N.Y.S.3d 754 |
| Decision Date | 28 June 2018 |
| Docket Number | 108811 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Tyree T. GILLIAM, Appellant. |
| Court | New York Supreme Court — Appellate Division |
162 A.D.3d 1413
79 N.Y.S.3d 754
The PEOPLE of the State of New York, Respondent,
v.
Tyree T. GILLIAM, Appellant.
108811
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: May 8, 2018
Decided and Entered: June 28, 2018
Rural Law Center of New York, Castleton (Kelly L. Egan, Albany, of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Before: Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of St. Lawrence County (Champagne, J.), rendered August 1, 2016, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In full satisfaction of a four-count indictment, defendant agreed to waive his right
to appeal and plead guilty to one count of criminal sale of a controlled substance in the third degree with the understanding that he would be placed on interim probation for one year. If successful, defendant would be sentenced to five years of probation with a credit for the time spent on interim probation; if unsuccessful, defendant faced a maximum prison term—depending upon his felony offender status—of either nine years (felony drug offender) or life in prison (persistent felony drug offender). Against that backdrop, County Court (Richards, J.) accepted defendant's plea and thereafter placed defendant on interim probation—subject to various terms and conditions. Approximately seven months later, both defense counsel and the People urged County Court (Champagne, J.) to terminate defendant's interim probation and proceed to sentencing—each ultimately requesting that defendant be sentenced to a five-year period of probation. County Court thereafter sentenced defendant to five years of probation and transferred defendant's supervision to Erie County, where defendant then was residing. Defendant now appeals.
We affirm. Contrary to defendant's assertion, we find that the...
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