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j0439029.jpgIn People v. Ruddy , Anthony Ruddy pled guilty to burglary and agreed to participate in a "Saratoga County Drug Treatment Court Program" in exchange for "time served" and a five-year probationary period. If he breached that arrangement, Ruddy was to be resentenced to 2 to 7 years.

When he violated the treatment program's terms, the Saratoga County Court resentenced Ruddy and recommended he participate in a "shock incarceration program." When he didn't qualify (due to a prior felony conviction), Ruddy appealed to the Appellate Division, Third Department.

Interestingly, it appears prosecutors misstepped and failed to "file a predicate felony statement" before Ruddy's resentencing. Because that filing was mandatory, the AD3 sent the case back to the Saratoga County Court for a new trial or Ruddy would get "the benefit of his bargain" and serve a "minimum term of no greater than 2 years."

We're guessing someone's complexion got real Ruddy after that decision.

AG00615_.gifTo download a copy of the Appellate Division's decision, please use this link: People v. Ruddy