A man was convicted of criminal cocaine possession and sale; and criminal marijuana sale when he sold cocaine and marijuana to an undercover police officer at nine different times and at nine different places.
Because of the sales of controlled substances to undercover police officers, the police had enough bases for a search warrant. When they searched the man’s apartment they found cocaine there. The man pleaded guilty to criminal sale and was sentenced to a prison term of 7 ½ to 15 years. After his conviction and pending his sentencing, the man was still out on bail. He undertook before the Court to appear whenever his presence was required and he also undertook not to be arrested on new charges.
During the time of his conditional release, the man had sex with a thirteen year old girl who was his neighbor’s daughter. He had sex with her in his apartment five different times. The thirteen year old girl got pregnant and the man moved to a different apartment in another building.
The girl and her parents pressed charges of assault but this was dismissed. Two months later, the girl filed charges of rape. During the custodial investigation, the man admitted having had sex with the girl but he put up the defense that he thought the girl was already 18 years old. He was indicted for five counts of rape in the second degree, sexual misconduct and endangering the welfare of a child.
The defendant failed to appear for the hearings on his drug case so the court issued a bench warrant. He was also caught violating the conditions of his probation for an earlier conviction for robbery in 1997. He was sentenced to a prison term of two to six years. The man was imprisoned for violating his probation.
The man’s sentence for the drug possession charges of a prison term of 7 ½ to 15 years was ordered to be served concurrently with his sentence for robbery of 2 to 6 years. The man also pleaded guilty to the rape charge.
Two days after being sentenced, the man filed a motion with the trial court to ask that his drug sentence of 7 ½ to 15 years prison term be vacated because it is harsh and excessive. He asked the court to revise the sentence in accordance with a more lenient policy under the Drug Law Reform Act of 2004. The court denied his motion and the man appealed. The Appellate Division also denied his motion to vacate his sentence.
The only question before the Supreme Court is whether or not the man is entitled to a lighter sentence provided for under the Drug Reform Act of 2004.
The Court held that while the man may be eligible as the crimes he committed were not classified as “excluded offenses” at the time that he committed them. His convictions for the crimes of robbery and for criminal sale of cocaine and marijuana as well as for rape do not render him ineligible for resentencing.
The man has completed vocational courses while in prison, his behavior in prison has improved. He has undergone rehabilitation from his drug dependence. He is under counseling for his sex crimes.
However, the Court finds that the “interests of justice” demand that his sentence remain as it is. The man exhibited callousness and disregard for the laws. While he was out on probation, he committed crimes. While he was on bail, he failed to appear in court for trial. While he was on conditional release, he committed a violent sex crime. He has failed to live a law-abiding existence while on release. The man has a habit of breaking the law and of evading the liabilities that attach when one breaks the law. The crimes he committed are serious. For these reasons, the Court upheld the denial of his motions for resentencing.
Having sex with a minor is sexual abuse of a child. It is also statutory rape because a child is incapable of giving consent to having sexual intercourse with an adult. Rape is a serious sex crime and you need the services of a Sex crime attorney. A New York Sex Crime Lawyer can help explain to you the implications and possible sentence you will face if you are convicted. Call Stephen Bilkis and Associates and confer with any of their New York Sex Crime attorneys who can help you make the most of your day in court.