In a recent four-to-three decision in People v. Anonymous, a narrow majority of the Court of Appeals reversed a trial court’s sentencing determination that had been based on information from an unrelated criminal action in which the same defendant had been acquitted of all charges. The majority found that the trial court had improperly unsealed the records of the unrelated action pursuant to CPL 160.50. The philosophical underpinning for the majority’s decision is the concept that a defendant who is charged but not convicted of a crime should not suffer any stigma as a result. The dissenting judges do not appear to dispute this general concept, but would not apply it here where the sentencing court relied on the defendant’s own sworn admissions in the unrelated action rather than the conduct with which the defendant was charged but not convicted.

The defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree. He faced a maximum sentence of nine years but, as part of his negotiated plea deal, he was given a promise of four years’ imprisonment followed by three years of postrelease supervision. The trial court adjourned sentencing for several months and warned defendant he needed to “stay out of trouble” and could not be arrested for a new offense or else he would be in violation of his plea agreement and would face the maximum nine-year prison term.

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