People v. Valencia
| Citation | 786 N.Y.S.2d 374,819 N.E.2d 990,3 N.Y.3d 714 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE VALENCIA, Appellant. |
| Decision Date | 14 October 2004 |
| Court | New York Court of Appeals |
Laura R. Johnson, New York City (Kerry Elgarten of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jonathan Zucker, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent.
The order of the Appellate Division should be affirmed.
In Supreme Court, Bronx County, defendant entered a guilty plea to a felony charge of criminal sale of a controlled substance in or near school grounds. Pursuant to the plea agreement, defendant entered a drug treatment program. In entering the agreement, defendant was told that if he successfully completed the program, he would have the opportunity to withdraw his plea, plead guilty to a misdemeanor drug possession charge and receive a sentence of time served. However, if he failed to comply with the program's rules, committed any further crime, or left treatment before completing the program, he would be in violation of the plea agreement and sentenced as a second felony offender to an indeterminate prison term of 5 to 10 years.
Upon allegations that defendant violated the plea agreement, the sentencing court conducted an inquiry and sentenced defendant to prison. Defendant had entered four different treatment programs. He allegedly left one because of language difficulties, another because of an accident and a third because of an altercation with another resident.
Defendant left the last treatment facility without authorization, knowing that he would not be allowed to return. He was returned to court on a bench warrant several weeks later. The sentencing court determined that defendant violated the plea agreement and sentenced him to 5 to 10 years in prison. The Appellate Division unanimously affirmed, and a Judge of this Court granted defendant leave to appeal.
We agree with the Appellate Division's conclusion that the sentencing court conducted an inquiry sufficient to determine that a violation of the plea agreement occurred. It is well settled that "the sentencing process . . . must satisfy the requirements of the Due Process Clause" (Gardner v Florida, 430 US 349, 358 [1977]; People v Outley, 80 NY2d 702, 712 [1993]). Accordingly, this Court has held with regard to alleged violations of plea agreements, that to satisfy due process, a sentencing court must, prior to imposing the prison alternative pursuant to a plea agreement, conduct an inquiry sufficient to conclude that a violation of the plea agreement occurred (see People v Outley, 80 NY2d 702 [1993]
).
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...... dispute as to the validity of the arrest, giving effect to the breach of the no arrest condition does not violate due process. See People v. Outley, 80 N.Y.2d 702, 713, 610 N.E.2d 356, 594 N.Y.S.2d 683 (1993) ("If . . . proof that [the] defendant actually committed the postplea offense ...See People v. Valencia, 3 N.Y.3d 714, 715, 819 N.E.2d 990, 786 N.Y.S.2d 374 (2004) (identifying Torres issue in case wherein defendant failed to complete drug treatment, ......
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