Rochester New York Form 5020 2025

Rochester New York Form 5020: What You Should Know

The  trial court granted defendant's motion to transfer him to the City of Rochester's Community Correctional Facility, the  city's county jail system. The People's application for review was timely filed in this Court on June 16, 2025 (Rule 3.40(b)). On remand, the trial court vacated and remanded defendant's guilty pleas, resentencing him to a felony count of burglary in the third degree (Penal Law § 140.20). On June 18, 2017, after a hearing, the Judge held the defendant in custody until a later date. At the hearing the parties presented factual testimony concerning the defendant's criminal history and the circumstances of his arrest in his apartment. All the parties agreed that defendant's prior arrest records were not relevant. Defendant pleaded guilty on June 15, 2017. All his pleas were based upon an acceptance that the charges he pleaded guilty to were true. On June 15, 2017, during his sentencing hearing, defendant waived every relevant defense contention. Defendant testified that on February 7, 2016, the City of Rochester's Community Correctional Facility (CCF) found and seized marijuana and scales found inside the defendant's apartment. On February 8, 2016, defendant was placed in the Onondaga County Correctional Facility, a state jail facility. The Onondaga County Sheriff, however, refused to accept the defendant, and on February 12, 2016, Defendant was again incarcerated and placed upon a 25,000 Personal Incentive Release Condition and was scheduled to serve a maximum three (3) year sentence. On October 27, 2016, defendant's probation officer called the CCF. The Defendant was held in the Onondaga County Correctional Facility on a parole violation. At no time did the defendant use marijuana while incarcerated. On October 27, 2016, the defendant was denied a Personal Incentive Release Condition, after an appeal to the Court of Appeals (see  AFFIRMATIVE DEFENSES; RE-PLEIADES), this Court denied defendant's motion to dismiss and entered an order denying defendant's appeal. This Court's order further clarified that the court did not accept the defendant's plea of guilty to the felony count, but that the defendant could be found guilty of the misdemeanor count as well.

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