People v. Manon

135 A.D.3d 586, 22 N.Y.S.3d 862

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 21, 2016
• Docket: 13242 4092/07
• Status: Published

Opinion

Appeal from judgment, Supreme Court, New York County (Renee A. White, J., at plea; Ronald A. Zweibel, J., at sentencing), rendered July 23, 2009, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of IV2 years, further held in abeyance, and the matter remitted for further proceedings in accordance herewith.

We previously held this appeal in abeyance (123 AD3d 467 [1st Dept 2014]) for proceedings relating to defendant’s claim under People v Peque (22 NY3d 168 [2013], cert denied sub nom. Thomas v New York, 574 US —, 135 S Ct 90 [2014]). It now appears that although it is likely that the proceedings will require defendant’s testimony, he has been involuntarily deported. Accordingly, we conclude that his testimony should be taken by videoconferencing, if possible (see generally People v Wrotten, 14 NY3d 33 [2009]). Given the history and circumstances of the case, the hearing should be held before a justice other than the sentencing Justice. Concur — Mazzarelli, J.P., Acosta, Moskowitz and Manzanet-Daniels, JJ.