People v. Cameron
Cases that cite this one
19 later published cases cite this decision.
- People v. Ferguson (Appellate Division of the Supreme Court of New York 2019)
- The People v. Christian Williams (N.Y. 2016)
- People v. Bennett (Appellate Division of the Supreme Court of New York 2010)
- People v. Warren (Appellate Division of the Supreme Court of New York 2010)
- People v. Sabb (Appellate Division of the Supreme Court of New York 2025)
- People v. Adams (Appellate Division of the Supreme Court of New York 2021)
- People v. VanHooser (Appellate Division of the Supreme Court of New York 2017)
- BRYANT, RAYMOND, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Moore (Appellate Division of the Supreme Court of New York 2014)
- People v. Moore (Appellate Division of the Supreme Court of New York 2014)
- People v. Bryant (Appellate Division of the Supreme Court of New York 2014)
- People v. Collier (N.Y. 2013)
- People v. DePerno (Appellate Division of the Supreme Court of New York 2012)
- People v. Figueroa (Appellate Division of the Supreme Court of New York 2011)
- People v. Ryan (Appellate Division of the Supreme Court of New York 2011)
- People v. Collier (Appellate Division of the Supreme Court of New York 2010)
- People v. Hollis (Appellate Division of the Supreme Court of New York 2003)
- People v. Allen (New York Supreme Court 1996)
- People v. Dickerson (N.Y. 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant was indicted for criminal possession of a controlled substance in the first degree and criminal possession of marihuana in the second degree, arising out of inspection of her carry-on baggage by a United States customs agent upon her arrival at Kennedy Airport after a flight from Jamaica. The inspection yielded 14 ounces of cocaine and over two pounds of marihuana.
With the approval of the court, defendant entered an Alford
Over objections by the People, Supreme Court imposed a sentence of lifetime probation on the grounds that defendant had offered to assist the authorities in investigations of drug offenses (see, Penal Law § 65.00 [1] [b]) and that the agreed upon sentence of imprisonment constituted cruel and unusual punishment (see, US Const 8th Amend; NY Const, art I, § 5).
On appeal to the Appellate Division, that Court reversed the sentence and remitted the case to Supreme Court for resentencing or, at the election of either the defendant or the People, a withdrawal of defendant’s guilty plea (193 AD2d 752). The Court noted that, since defendant pleaded guilty to a class A-I felony (see, Penal Law § 110.05 [1]), neither the agreed upon sentence of four years to life imprisonment, nor the sentence of lifetime probation actually imposed, was a legal sentence (see, Penal Law § 70.00 [3] [a] [i]; § 65.00 [1] [b]). A Judge of this Court granted leave to appeal.
There should be an affirmance. Because neither the sentence pursuant to the plea agreement nor the sentence actually imposed was authorized by law for the crime of which defendant was convicted, the Appellate Division properly ruled that the sentence must be reversed and the case remitted for resentencing with the opportunity for both parties to withdraw from the plea agreement (see, People v Farrar, 52 NY2d 302, 307-308). We note that, because of the procedural posture and narrow dispositional basis of this case, no occasion is presented to pass on the substantive sentencing issues (see, People v Thompson, 83 NY2d 477 [decided today]).
Chief Judge Kaye and Judges Simons, Bellacosa, Smith, Levine and Ciparick concur; Judge Titone taking no part.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.