TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: FEBRUARY 8, 2018
The
Appellate Division, Third Department has unanimously affirmed the August, 2015
conviction of Jesus LaSanta upon his plea of guilty of the crime of criminal
possession of a controlled substance with intent to sell.
In
January, 2015, the defendant was arrested in the Village of Ellenville on a
parole warrant. At that time, he was
found to be in possession of 16 glassine envelopes of heroin, a digital scale
and other drug paraphernalia. After
waiving indictment defendant pled guilty to a superior court information
charging him with criminal possession of a controlled substance in the fifth
degree. At that time, defendant also
waived his right to appeal.
Defendant
was sentenced by Ulster County Court Judge Donald A. Williams to a determinate
term of four years followed by two years of postrelease supervision.
Defendant
has a prior criminal sale of a controlled substance with intent to sell conviction,
also out of Wawarsing, from 2010 for which he received a sentence of 5
years. In fact, he was on postrelease
supervision at the time of his 2015 arrest. In addition, defendant has previous
convictions for misdemeanor assault, two misdemeanor drug possession charges,
loitering, and petty theft. Despite his
criminal record, on appeal, defendant claimed that the sentence imposed by
County Court was unduly harsh and severe and that his plea was not knowingly,
voluntarily and intelligently entered. However,
as the Appellate Division, Third Department determined, defendant’s challenge
to his sentence was precluded by his valid waiver of appeal and his challenge
to the voluntariness of his plea was unpreserved for appellate review.
On
appeal, the defendant is represented by Barrett D. Mack, Esq. of Albany, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.