"Where, as here, 'an issue is raised concerning the validity of the post-plea charge or there is a denial of any involvement in the underlying crime, the court must conduct an inquiry at which the defendant has an opportunity to show that the arrest is without foundation' (Outley, 80 NY2d at 713). The mere fact that defendant was arrested, without more, is insufficient to justify an enhanced sentence based on a post-plea arrest (id.)"
Monday, May 11, 2009
Sentence Vacated For Failure to Conduct Outley Hearing
In People v. Daniel Davis, the defendant pleaded guilty and was given the standard warning that if he was re-arrested before his return for sentencing, his sentencing promise of probation would disappear in favor of a possible one year term of incarceration. Sure enough, the defendant was re-arrested before sentencing. The court imposed the one year sentence and refused defense counsel's request to "controvert the legality or reasonableness of the arrest". The Fourth Department vacated the sentence and returned the matter for an Outley hearing by stating in relevant part: