People v. Kuey, 83 N.Y.2d 278 (1994)
When determining whether a prior out-of-state youthful offender adjudication can be used for enhanced sentencing in New York, courts must compare the statutory schemes of both states to determine if they are sufficiently similar; if the schemes differ significantly, the out-of-state adjudication can be used as a predicate felony.
Summary
The defendant was resentenced as a second felony offender, based on a prior Florida youthful offender conviction, without an updated presentence report. The New York Court of Appeals affirmed the resentencing, holding that an updated presentence report is discretionary, not mandatory, when a defendant has been continually incarcerated. Furthermore, the court held that the Florida youthful offender conviction could be used as a predicate felony because Florida’s youthful offender scheme differs significantly from New York’s, as Florida treats youthful offender records similarly to adult convictions for sentencing purposes. The court emphasized that New York will give a foreign conviction the same force and effect it would have in the state where it was entered, based on a comparison of statutory schemes.
Facts
The defendant was convicted in 1987 of attempted murder, assault, and criminal possession of a weapon and sentenced. The Appellate Division modified the judgment, remitting the matter for resentencing because of errors in the initial sentencing. On remand, the prosecution filed a predicate felony offender statement, establishing a prior Florida conviction for burglary. The County Court resentenced the defendant as a second felony offender without an updated presentence report.
Procedural History
The County Court initially sentenced the defendant. The Appellate Division modified the judgment and remitted the case for resentencing. On resentencing, the County Court resentenced the defendant as a second felony offender. The Appellate Division affirmed this resentencing. The New York Court of Appeals then affirmed the Appellate Division’s order.
Issue(s)
1. Whether the court is required to obtain an updated presentence report before resentencing a defendant who has been continually incarcerated since the original sentencing.
2. Whether a Florida youthful offender conviction can be used as a predicate felony for enhanced sentencing in New York.
Holding
1. No, because the decision whether to obtain an updated presentence report at resentencing is a matter resting in the sound discretion of the sentencing judge.
2. Yes, because Florida treats the youthful offender’s record in the same manner as a record of adult conviction and permits a prior youthful offender conviction to be used as a predicate conviction in enhanced sentencing, which is significantly different from New York law.
Court’s Reasoning
Regarding the presentence report, the Court of Appeals acknowledged that CPL 390.20(1) mandates a presentence investigation for initial felony sentencing. However, the statute is silent on resentencing. The court reasoned that requiring an updated report in all instances does not advance the statute’s purpose, especially when resentencing is due to a technicality and the sentencing court’s evaluation of criteria and the term imposed are not disputed. The defendant had been continually incarcerated and was given the opportunity to provide information to the sentencing judge.
Regarding the Florida youthful offender conviction, the court referred to People v. Carpenteur, 21 N.Y.2d 571 (1968), stating that New York will give a foreign conviction the same force and effect it would have in the state where entered, if the statutory schemes are similar. The court found significant differences between Florida and New York law. The court stated, “Significantly, Florida treats the youthful offender’s record in the same manner as a record of adult conviction and permits a prior youthful offender conviction to be used as a predicate conviction in enhanced sentencing…Under New York law, the court is prohibited from using a prior youthful offender conviction as a predicate and the conviction must be expunged from the record upon defendant’s being granted youthful offender status. Manifestly, the New York and Florida statutory schemes…embody decidedly different approaches in the area of sentencing youths.” Therefore, the Florida conviction could be used for enhanced sentencing in New York. The court emphasized that it is sufficient that Florida treats youthful offenders differently than New York by allowing youthful offender convictions to serve as predicate offenses.