People v. Fiammegta, 14 N.Y.3d 91 (2010)

When a defendant is discharged from a drug treatment program for misconduct that violates the terms of a plea agreement, the sentencing court must conduct an inquiry to ensure there was a legitimate basis for the discharge before imposing an enhanced sentence.

Summary

Vincent Fiammegta pleaded guilty to burglary in exchange for participating in a drug treatment program. The plea agreement stipulated that if he failed to complete the program, he would receive an enhanced prison sentence. He was subsequently discharged from the program for alleged thefts. The sentencing court, without conducting a hearing, imposed the enhanced sentence. The New York Court of Appeals reversed, holding that while a full evidentiary hearing is not required, the court must conduct an inquiry sufficient to satisfy itself that there was a legitimate basis for the program’s decision to discharge the defendant and allow the defendant to present evidence to show the discharge was unfounded.

Facts

Vincent Fiammegta was arrested and charged with burglary and other offenses. He admitted his guilt, explaining that he was under the influence of drugs at the time. He was approved for a Drug Treatment Alternative-to-Prison Program (DTAP). Fiammegta pleaded guilty to burglary, with the agreement that the indictment would be dismissed upon successful completion of the DTAP. After entering the program, Fiammegta faced discharge due to conduct rule violations. Although given a second chance, he was ultimately discharged for alleged thefts from vocational counselors. The program director cited circumstantial evidence, including another resident’s claim of seeing Fiammegta using keys and his unauthorized scheme to collect money. Fiammegta denied the thefts but “admitted that the evidence point[ed] to him.”