People v Gbengbe

Under the 2005 Drug Law Reform Act, Onondaga County Court granted defendant’s application for resentencing of a criminal possession of controlled substance conviction and imposed a new sentence. 

The Appellate Division rejected defendant’s argument that the subsequent sentence was too harsh as the Onondaga County Court properly set forth the reasons for the new sentence taking into consideration the defendant's role the conspiracy, the favorable terms of the original plea, and defendant's failure to cooperate with law enforcement.

However, the Appellate Division held that under People v Graves the County Court erred in failing to afford defendant an opportunity to appeal from the specified sentence and withdraw his application for resentencing after determination of that appeal as of right. 

In Graves, decided the same day as Gbengbe, the Appellate Division held that the Drug Reform Law Reform Act required the trial court to inform the defendant of the sentence the court means to impose and allow the defendant the opportunity to appeal the proposed or specified sentence.  After which defendants may decide to withdraw their application for resentencing before the specified sentence is imposed.  

People v Gbengbe, 2009 NY Slip Op 07285 (Full Text)

People v Graves, 2009 NY Slip Op 07288 (Full Text)