People v. Woodruff
Opinion of the Court
Defendant pleaded guilty to an indictment charging her with criminal sale of a controlled substance in the fourth degree, as well as criminal possession of a controlled substance in the fifth degree, and, in accordance with the plea agreement, she was sentenced to five years of probation, but was later charged with violating its terms. Defendant admitted to using marihuana and cocaine and failing to report, both in violation of the terms and conditions of her underlying probation. In exchange, she was to be sentenced on the underlying crimes to concurrent prison terms of 2V2 years, to be followed by one year of postrelease supervision. County Court revoked her probation and resentenced her accordingly. She now appeals from the judgment of conviction and the judgment of resentencing.
Defendant’s sole contention is that the term of imprisonment imposed by County Court is harsh and excessive.
Ordered that the judgments are affirmed.
Although County Court briefly mentioned a waiver of appeal during resentencing, the record does not disclose that defendant actually waived her right to appeal with respect to the resentence, and the People concede that there was no colloquy between County Court and defendant in this regard.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.