PEOPLE v. LUCIANO (2009)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Juan Carlos LUCIANO, Defendant-Appellant.

Decided: March 20, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND PINE, JJ.

Frank H. HiscockLegal Aid Society, Syracuse (Philip Rothschild of Counsel), for Defendant-Appellant. Andrew M. Cuomo, Attorney General, Albany (Monica Wagner of Counsel), for Respondent.

Defendant appeals from a new sentence upon his 2006 conviction of criminal possession of a controlled substance in the second degree (Penal Law § 220.18[1] ) imposed pursuant to the 2005 Drug Law Reform Act ( [DLRA-2] L. 2005, ch. 643, § 1). We conclude that County Court erred in failing to set forth written findings of fact and the reasons for its determination to impose a determinate term of imprisonment of six years and a five-year period of postrelease supervision (see People v. Peterson, 50 A.D.3d 1588, 1589, 856 N.Y.S.2d 430). We therefore reverse the sentence and remit the matter to County Court to determine defendant's application in compliance with DLRA-2.

In view of our determination, we do not address defendant's remaining contentions.

It is hereby ORDERED that the sentence so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for further proceedings.

MEMORANDUM:

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