| People v Peck |
| 2007 NY Slip Op 09965 [46 AD3d 1098] |
| December 20, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Robert C.Peck, Appellant. |
—[*1] James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), forrespondent.
Mercure, J.P. Appeal from a decision of the County Court of Saratoga County (Scarano, J.),entered February 1, 2006, which issued a proposed resentence of defendant following hisconviction of the crime of criminal sale of a controlled substance in the second degree.
In 2004, defendant pleaded guilty to the crime of criminal sale of a controlled substance inthe second degree, in full satisfaction of an 11-count indictment. In accordance with the pleaagreement, defendant was sentenced to a prison term of 4½ years to life. Defendantsubsequently applied for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch643). Following a hearing, County Court found that defendant was eligible for resentencing andwas prepared to immediately resentence defendant when he objected, stating that he had a rightto appeal the proposed resentence. County Court then adjourned the hearing without issuing anorder concerning resentencing, prompting this appeal by defendant.
Pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), when a courtproposes a determinate sentence of imprisonment, the resentence proposal must be issued in anorder, including "written findings of fact and the reasons for such order." Unless the defendanteither withdraws the application for resentencing or appeals from the court order, the court willsubsequently impose the new sentence (L 2005, ch 643, § 1). Here, County Court failed toissue an order delineating the proposed determinate sentence—including written findingsof fact and [*2]the reasons supporting the order—fromwhich defendant could appeal. Accordingly, this matter must be remitted for compliance with thecontrolling statute (see generally Peoplev Hoppe, 1 AD3d 712, 713 [2003]).
Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, andmatter remitted to the County Court of Saratoga County for further proceedings not inconsistentwith this Court's decision.