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Defendant Files Appeal With New York Appellate Court Seven Years After Conviction


The defendant pleaded guilty to charges of illegal possession of drugs. During the time of his plea, the court indicated that his sentence will not be 8 years to life imprisonment. The defendant also admitted that he was guilty of illegal possession of firearms and burglary in prior convictions.

At the time of the defendant’s guilty plea, the defendant gave 2 separate dates as to when the crimes occurred. However, upon further investigation, the supposed to be separately committed crimes happened during a single day. As part of the defendant’s guilty plea, he will also be treated as someone who has already been tried. His waived rights would also automatically brand him as a consecutive criminal offender.

When the defendant was convicted by the court, he filed no motion for appeal. The court also denied another motion filed by the lawyer of the defendant in which the defendant be given to federal custody. The reason for the dismissal of the appeal was based on the statute that the defendant did not have a sentence that was considered invalid or illegal.

After seven years serving his sentence, the defendant filed a motion to abandon his sentence and claimed that he did not commit the crimes previously charged against him. Furthermore, the defendant also stated that the court violated his rights and his conviction for this case should be declared invalid since the evidence against him lacked detail. The defendant was referring to the lack of amount of drugs warranting illegal possession. He also argued that there was no amount indicated during presentation of evidence.

The defendant also indicated in his motion that he did not receive appropriate counsel since he was under medication during the time of his sentencing. The defendant also insisted that it was only that time that his lawyer discussed with him the charges.

Upon receiving the defendant’s motion, court information indicated that the transcript during the time of sentencing could not be found since the typist had already retired. However, the lawyer of the defendant was able to get a copy from correctional records.

The defendant had the chance to raise an appeal before he began serving his sentence but he chose not to. It should also be noted that the defendant received a lesser sentence compared to other cases. The defendant’s motion and intent is questionable since he has waited so long to disagree with his sentence and seek to declare it invalid.

The court has determined that the guilty plea of the defendant led him to receive a lesser sentence. The defendant’s sentence is already favourable to him. Given the timing of his motion which is after 15 years, the defendant is just baiting the court to engage in legal game tactics in order to escape his maximum sentence which is life.

The long period of silence on the part of the defendant made the People doubt his intention of completing his court-given sentence. Such a long period of silence could have given the defendant more than enough time to regroup with his lawyers and discuss another angle to his case.

However, upon review of statutes and provisions of the law, a resentencing is in order as decided by the court. The court has approved the motion of the defendant to abandon his current sentence. A resentencing is to be scheduled. The prosecution and the defendant will have to meet once again for another hearing to decide on the matter of the new sentence. It was unclear as to this time if the defendant would be treated as a second violent or non-violent offender for his convictions.

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A New York Drug Crime Attorney is always ready to help your case. If you are in need of a New York Criminal Lawyer, Stephen Bilkis & Associates have offices located in the metropolitan area to accommodate you and your legal needs.

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