PRESS RELEASE
FROM: HOLLEY CARNRIGHT
DATE: MAY 14, 2015
The
Appellate Division, Third Department has unanimously affirmed the October 10,
2012 conviction of Kristian Wheeler upon his plea of guilty convicting him of
the crime of criminal sale of a controlled substance in the third degree, a
class B felony.
Defendant’s
conviction stems from a series of crack cocaine sales he made to an undercover
officer in the City of Kingston between August and September, 2011. Defendant was eventually charged in a six
count indictment with three counts of criminal sale of a controlled substance
in the third degree and three counts of criminal possession of a controlled
substance in the third degree and pled guilty to criminal sale of a controlled
substance in the third degree with the understanding he would receive an eight
year prison term with three years of postrelease supervision. The defendant, a prior felony offender, was
sentenced in County Court (Williams, J.) in accord with the terms of the plea
agreement.
On
appeal, defendant claimed that his plea was neither knowing, voluntary nor
intelligent because the Court incorrectly informed him during the plea that he
faced a maximum of 15, rather than 12 years, of postrelease supervision. The Appellate Division, Third Department,
however, rejected defendant’s claim on the ground that his contention was
unpreserved for appellate review and that there was no indication in the record
that he had relied upon this erroneous information in accepting the plea
agreement.
On
appeal, defendant is represented by Theodore J. Stein, Esq. of Woodstock, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
