Fourth Department – Sentencing: People v. Morrison

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sentencing

Time served – Plea bargain

People v. Morrison

KA 19-00331

Appealed from Oneida County Court

Background: The defendant appealed from his conviction of rape. After a previous trial, a writ of error coram nobis was granted and judgment reversed. The defendant then entered an Alford plea to rape with a promised sentence of a determinate term of incarceration of 14 years with 5 years of post-release supervision. It was understood that the defendant would have served that sentence by the time of sentencing, but the court stated that it had to verify that with the Department of Corrections and Community Supervision. On appeal, the defendant argues that the plea was not knowingly, intelligently, and voluntarily entered.

Ruling: The Appellate Division affirmed. The court held that the defendant received the benefit of the plea bargain as he was sentenced to the promised sentence. The expectation that the defendant would be released on the date of sentencing was not a promise to do so inasmuch as the court indicated that DOCCS had the final decision on that matter.

Stephanie R. Digiorgio for the defendant-appellant; Hannah Stith Long, of the NYS Office of the Attorney General, for the respondent.

Oral argument video