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People v. Ramdass

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 22, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
DEVENDRA RAMDASS, APPELLANT.

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 murder in the second degree and criminal possession of a weapon in the second degree, upon his plea of guilty (Leventhal, J.).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., FRED T. SANTUCCI, ANITA R. FLORIO and L. PRISCILLA HALL, JJ.

(Ind. No. 7139/06)

DECISION & ORDER

ORDERED that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

The defendant pleaded guilty in exchange for the court's promise that he would be sentenced to two concurrent determinate prison terms of six and one-half years imprisonment and a five-year period of postrelease supervision. The People did not object to the plea, but took the position that the promised sentence was too lenient. At sentencing, before a different justice, the victim and her father asked that the Supreme Court sentence the defendant to a more lenient term than promised, but the court several times expressed the erroneous belief that it was bound by the promise 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 the circumstances (see People v Farrar, 52 NY2d 302, 305-306; People v Dorino, 145 AD2d 432, 433). Consequently, the case must be remitted to the Supreme Court, Kings County, for resentencing.

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

20091222

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