| People v Ramdass |
| 2009 NY Slip Op 09684 [68 AD3d 1139] |
| December 22, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Devendra Ramdass, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M.Lieberman of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court,Kings County (D'Emic, J.), imposed January 29, 2008, upon his conviction of attempted murderin the second degree and criminal possession of a weapon in the second degree, upon his plea ofguilty (Leventhal, J.).
Ordered that the sentence is reversed, on the law, and the matter is remitted to the SupremeCourt, Kings County, for resentencing.
The defendant pleaded guilty in exchange for the court's promise that he would be sentencedto two concurrent determinate prison terms of 6½ years' imprisonment and a five-yearperiod of postrelease supervision. The People did not object to the plea, but took the position thatthe promised sentence was too lenient. At sentencing, before a different justice, the victim andher father asked that the Supreme Court sentence the defendant to a more lenient term thanpromised, but the court several times expressed the erroneous belief that it was bound by thepromise made by the justice who presided over the plea proceeding. As the defendant contends,and the People correctly concede, the sentencing court was not bound by the original promise.The Supreme Court was required to determine an appropriate sentence in light of all thecircumstances (see People v Farrar, 52 NY2d 302, 305-306 [1981]; People v Dorino,145 AD2d 432, 433 [1988]). Consequently, the case must be remitted to the Supreme Court,Kings County, for resentencing. Dillon, J.P., Santucci, Florio and Hall, JJ., concur.