People v. Powell

Decision Date31 October 2013
Citation110 A.D.3d 1383,973 N.Y.S.2d 870,2013 N.Y. Slip Op. 07089
PartiesThe PEOPLE of the State of New York, Respondent, v. Alonzo T. POWELL, Appellant.
CourtNew York Supreme Court — Appellate Division

OPINION TEXT STARTS HERE

James P. Ferratella, Horseheads, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (John R. Thweatt of counsel), for respondent.

Before: STEIN, J.P., McCARTHY, SPAIN and EGAN JR., JJ.

EGAN JR., J.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 7, 2012, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and violating the terms of his probation.

Defendant was charged in two separate indictments with various drug-related offenses and, in connection therewith, applied for participation in the judicial diversion program ( see CPL art. 216). After considering the submissions tendered by defendant and the People, County Court denied defendant's application. Thereafter, in full satisfaction of both indictments, as well as a probation violation, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree and, further, admitted violating the terms of his probation. Defendant then was sentenced, as a second felony offender, to the agreed-upon aggregate prison term of 4 1/2 years followed by three years of postrelease supervision. This appeal by defendant ensued.

Defendant's sole argument upon appeal is that County Court abused its discretion in denying his application for participation in the judicial diversion program. To the extent that defendant did not abandon this issue by failing to request a hearing in this regard ( seeCPL 216.05[3][a] ), we nonetheless find defendant's argument to be lacking in merit. Courts are afforded great deference in making judicial diversion determinations ...” ( People v. Williams, 105 A.D.3d 1428, 1428, 963 N.Y.S.2d 899 [2013],lv. denied21 N.Y.3d 1021, 971 N.Y.S.2d 503, 994 N.E.2d 399 [2013] [citations omitted]; see People v. Buswell, 88 A.D.3d 1164, 1165, 931 N.Y.S.2d 543 [2011];see also Matter of Carty v. Hall, 92 A.D.3d 1191, 1192, 939 N.Y.S.2d 609 [2012] ). Inasmuch as the record before us reflects that County Court denied defendant's application based upon his extensive criminal history and threat to...

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15 cases
  • People v. Meddaugh
    • United States
    • New York Supreme Court — Appellate Division
    • May 25, 2017
    ...1164, 1165, 931 N.Y.S.2d 543 [2011] ; cf. People v. Pittman, 140 A.D.3d 989, 989, 33 N.Y.S.3d 443 [2016] ; People v. Powell, 110 A.D.3d 1383, 1383, 973 N.Y.S.2d 870 [2013] ). Moreover, the record reflects that defendant's counsel negotiated a favorable plea agreement whereby defendant plead......
  • People v. Galan
    • United States
    • New York Supreme Court — Appellate Division
    • April 9, 2014
  • People v. Martinez
    • United States
    • New York County Court
    • August 14, 2018
    ...yet bear significant relevance in determining the propriety of admission into the Program (see generally People v. Powell , 110 A.D.3d 1383, 973 N.Y.S.2d 870 [3d Dept. 2013] ; People v. Driscoll , 147 A.D.3d 1157, 48 N.Y.S.3d 522 [3d Dept. 2017], lv denied 29 N.Y.3d 1078, 64 N.Y.S.3d 168, 8......
  • People v. McKoy
    • United States
    • New York Supreme Court — Appellate Division
    • September 12, 2019
    ...). Significantly, "[c]ourts are accorded great deference in making judicial diversion determinations" ( People v. Powell , 110 A.D.3d 1383, 1384, 973 N.Y.S.2d 870 [2013] [internal quotation marks and citations omitted]; see People v. Clarke , 155 A.D.3d 1242, 1243, 65 N.Y.S.3d 578 [2017], l......
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