New York Court of Appeals
The People of the State of New York, Respondent v. Vincent Fiammegta, Appellant
February 16, 201014 N.Y.3d 90
Summary
The New York Court of Appeals reversed the Appellate Division, holding that a trial court supervising a defendant’s participation in a Drug Treatment Alternative-to-Prison (DTAP) program must conduct a due‑process inquiry of sufficient depth to determine whether there is a legitimate basis for the defendant’s discharge, and must consider the defendant’s evidence before imposing the sentence. The case was remanded for the trial court to conduct that inquiry and, if the discharge lacks a legitimate basis, to allow the defendant to withdraw his plea.