People v. Outley

In People v. Outley, 80 N.Y.2d 702 (1993), the issue was whether a court could impose a sentence higher than that promised at the time of a guilty plea, if the defendant violated a post plea, presentence, condition. In Outley, the defendants were released following their guilty pleas and were told that if they were arrested between the time of their release and sentencing, the court would not be bound by the promised sentence and could impose a greater lawful sentence. Each of the defendants were re- arrested prior to sentencing and the courts found that, due to the re-arrests, they were no longer bound by the promised sentence and imposed higher sentences. The Court of Appeals held that before a court sentences a defendant to an increased sentence based upon the defendant's re-arrest, the court must conduct an inquiry as to whether there was a legitimate basis for the defendant's re-arrest. The nature and extent of the inquiry--whether through a summary hearing ...or some other fair means--is within the court's discretion (id.). The inquiry must be of sufficient depth, however, so that the court can be satisfied--not of defendant's guilt of the new criminal charge but of the existence of a legitimate basis for the arrest on that charge. (at p. 713) The Court of Appeals addressed the due process requirements in cases where defendants are alleged to have violated "no-arrest" conditions of their plea agreements by being arrested before sentencing. The Court held that "proof that defendant actually committed the postplea offense which led to the arrest is not necessary," and then asked "what lesser showing . . . due process require[s] in order for the court to impose the enhanced sentence" (id. at 713). The court held that the sentencing court "must conduct an inquiry at which the defendant has an opportunity to show that the arrest is without foundation" and the inquiry must be "of sufficient depth . . . so that the court can be satisfied--not of defendant's guilt of the new criminal charge but of the existence of a legitimate basis for the arrest on that charge" (id.).