People v. Ricketts

• Decision Date: 07 March 2006
• Docket Number: 2004-04514.
• Citation: 2006 NY Slip Op 01652,27 A.D.3d 488,811 N.Y.S.2d 103
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME RICKETTS, Appellant.
• Court: New York Supreme Court — Appellate Division

27 A.D.3d 488

811 N.Y.S.2d 103

2006 NY Slip Op 01652

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v.JEROME RICKETTS, Appellant.

2004-04514.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Wong, J.), rendered April 28, 2004, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant claims that the court failed to conduct an adequate inquiry into the validity of his postplea arrest on an unrelated crime before imposing an enhanced sentence (seePeople v Outley,80 NY2d 702[1993]).Contrary to the People's contention, the defendant's "general waiver of the right to appeal does not encompass that claim since it was based on his post-plea conduct"(People v Miles,268 AD2d 489, 490[2000]).

As a condition of his plea agreement, which included placement in a drug treatment program, the defendant was not to be rearrested or the court would impose an enhanced sentence.At sentencing, the court was informed that the defendant had been re-arrested and indicted by a grand jury on, inter alia, robbery charges.We reject the defendant's contention that the court impermissibly enhanced his sentence."Since the defendant had been indicted, the court was assured that there was a legitimate basis for the new charges.Thus, the court properly exercised its discretion in imposing an enhanced sentence"(People v Coleman,266 AD2d 227[1999];seePeople v Outley, supra;People v Bennett,4 Misc 3d 287[2004];cf.Torres v Berbary,340 F3d 63[2003]).To the extent the defendant bases his claim on the post-enhanced sentence dismissal of the robbery indictment, it is not properly...