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People v. Perez

Other Lower Courts

January 23, 2008

The People of the State of New York, Plaintiff,
v.
Carlos Perez, Defendant.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

ADA Carolyn Donhauser David Crow, Esq. Legal Aid Society Criminal Appeals Bureau

OPINION

Abraham Gerges, J.

Defendant moves for resentence under the Drug Law Reform Act of 2005.

The court has considered defendant's motion including the supplemental papers, the District Attorney's reply, the attachments submitted by both parties including plea and sentence minutes, the court file and arguments of counsel.

Facts

Defendant, along with co-defendants, was indicted for twelve counts of Criminal Possession of a Weapon in the Third Degree, twenty four counts of Criminal Sale of a Firearm in the Third Degree, two counts of Criminal Sale of a Controlled Substance in the Second Degree, two counts of Criminal Sale of a Controlled Substance in the Third Degree, six counts of Criminal Possession of a Controlled Substance in the Third Degree and two counts of Criminal Possession of a Controlled Substance in the Fourth Degree. The indictment resulted from a joint investigation between the Kings County District Attorney's Office and the New York Police Department's Firearms Investigation Unit into the sale of guns and drugs in the Bushwick neighborhood of Brooklyn, by a Latin Kings gang known as the "Gangsta Killer Kings." During the course of the months long investigation, an undercover police officer purchased twelve guns on eight separate occasions, along with heroin and cocaine purchases. The undercover was able to audiotape a number of the weapons transactions.

Defendant, known as "King C-Low," was the focus of the investigation; he was involved in every gun sale, sold heroin and cocaine directly to the undercover and introduced the undercover to other gang members to facilitate more drug sales.

Defendant was charged along with Orlando Rodriguez, Pedro Mendez, Robert Fuentes, Bienvenido Perez and Diana Corchado. At the time Ms. Corchado was defendant's girlfriend and is now his wife.

On April 19, 2001, with the matter on for trial, defendant pleaded guilty to one count of Criminal Sale of a Controlled Substance in the Second Degree, a class A-II non-violent felony in full satisfaction of the indictment, in exchange for an indeterminate sentence of a minimum of ten years to a maximum of life imprisonment.

A pre-sentence report was prepared. Defendant's prior record includes three felony convictions and six misdemeanor convictions in both New York and Florida. In Florida, starting in 1987, defendant was convicted of trafficking in hallucinogens and resisting arrest with violence, both felonies, and four misdemeanors. In New York, in 1994 defendant was convicted of Criminal Sale of a Controlled Substance in the Fifth Degree (a Class D felony) and also convicted of two misdemeanors. Defendant was arrested on the instant charges in 2000.

On May 7, 2001 Defendant moved to withdraw his plea of guilty on the ground of ineffective assistance of counsel. A hearing was held and the motion was denied. On May 15, 2001 sentence was imposed. On May 16, 2001, the sentence was voided, defendant was ...


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