People v. Shabazz
| Decision Date | 25 July 2019 |
| Docket Number | 109341 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Ismail SHABAZZ, Also Known as Garry Faulkner, Appellant. |
| Court | New York Supreme Court — Appellate Division |
174 A.D.3d 1223
105 N.Y.S.3d 622
The PEOPLE of the State of New York, Respondent,
v.
Ismail SHABAZZ, Also Known as Garry Faulkner, Appellant.
109341
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: June 5, 2019
Decided and Entered: July 25, 2019
Jack H. Weiner, New York City, for appellant.
William V. Grady, District Attorney, Poughkeepsie (Kirsten A. Rappleyea of counsel), for respondent.
Before: Lynch, J.P., Clark, Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Clark, J.
Appeal from a judgment of the Supreme Court (McNally Jr., J.), rendered February 1, 2017 in Ulster County,
convicting defendant upon his plea of guilty of the
crime of attempted criminal sale of a firearm in the second degree.
In 2015, defendant was charged in a 16–count indictment with various crimes – primarily pertaining to his unlawful possession and/or sale of firearms between May 2014 and May 2015. Following defendant's successful motions to recuse County Court (Williams, J.) and disqualify the Ulster County District Attorney's office from prosecuting this matter, defense counsel moved to, among other things, dismiss the indictment and sought inspection of the grand jury minutes – contending that the People had in their possession a certain memorandum indicating that defendant held a federal firearms license. In opposition, the People indicated that their investigation of this allegation revealed that defendant did not possess either a federal firearms license or a state pistol permit; although defendant had applied for a pistol permit, such application "was never granted" and therefore, the People asserted, presentation of the subject memorandum to the grand jury was not required. Supreme Court denied defendant's respective applications.
In full satisfaction of the indictment, and following a detailed plea colloquy, defendant agreed to plead guilty to the reduced charge of attempted criminal sale of a firearm in the second degree in exchange for a prison term of two years followed by three years of postrelease supervision. The plea agreement included a waiver of the right to appeal. After assuring Supreme Court that he had been afforded sufficient time to confer with counsel and was satisfied with counsel's services, defendant pleaded guilty to the reduced charge – specifically acknowledging that he attempted to unlawfully sell or dispose of five firearms within a period of not more than one year – and the matter was adjourned for sentencing.
Prior to sentencing, defense counsel was relieved of representing defendant and, ultimately, the Ulster County Public Defender's office was assigned to represent defendant. Assigned counsel then moved to withdraw defendant's plea – contending that, when he entered his guilty plea, defendant was ill and under the influence of certain cough...
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