People v. Westerling
| Decision Date | 14 May 2015 |
| Docket Number | 105707 |
| Citation | 9 N.Y.S.3d 456,2015 N.Y. Slip Op. 04170,128 A.D.3d 1178 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Karel R. WESTERLING Jr., Appellant. |
| Court | New York Supreme Court — Appellate Division |
128 A.D.3d 1178
9 N.Y.S.3d 456
2015 N.Y. Slip Op. 04170
The PEOPLE of the State of New York, Respondent
v.
Karel R. WESTERLING Jr., Appellant.
105707
Supreme Court, Appellate Division, Third Department, New York.
May 14, 2015.
Paul R. Corradini, Elmira, for appellant.
Gwen Wilkinson, District Attorney, Ithaca (Andrew J. Bonavia of counsel), for respondent.
Before: PETERS, P.J., McCARTHY, LYNCH and DEVINE, JJ.
Opinion
Appeals (1) from a judgment of the County Court of Tompkins County (Rowley, J.), rendered January 16, 2013, which revoked defendant's probation and imposed a sentence of imprisonment, and (2) by permission, from an order of said court, entered September 4, 2013, which denied defendant's motion pursuant to CPL 440.20 to set aside the sentence, without a hearing.
Defendant waived indictment and was charged in a superior
court information with a number of theft-related crimes. He pleaded guilty to grand larceny in the third degree in satisfaction of all pending charges. Under the terms of the plea agreement, defendant was to be sentenced to six months in jail as well as five years of probation, which was to include his participation in a felony drug treatment program. County Court advised defendant that, in the event that he did not successfully complete the program, it could impose any legal sentence on the underlying crime. After serving his jail time and being released to probation, defendant failed to successfully complete the program. As a result, his probation was revoked and he was resentenced to 1 to 5 years in prison. Defendant moved pursuant to CPL 440.20 to set aside the sentence and his motion was denied. He now appeals from both the judgment of conviction and, by permission, from the order denying his CPL 440.20 motion.
Defendant contends that his sentence should be set...
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