In People v Mcgourty , Mark Mcgourty was convicted on March 12, 2007 of criminal sale of a controlled substance in the third degree.
In exchange for his guilty plea and waiver of a right to appeal, Mcgourty was sentenced to six years in prison and an unspecified period of post-release supervision. However, as part of that deal, Mcgourty agreed to appear at sentencing and cooperate with the Probation Department (PD). He also signed a "Parker admonishment" -- which confirmed he understood the arrangement and would comply with its parameters.
After his release, when Mcgourty didn't cooperate with the PD, a warrant was issued for his arrest, and he was taken into custody. After the Saratoga County Supreme Court sentenced him to nine years in prison, followed by three years of post-release supervision, Mcgourty appealed to the Appellate Division, Third Department.
Because Mcgourty couldn't offer a valid excuse for his failure to cooperate with the PD, the AD3 affirmed the outcome. His contention the punishment was "harsh and excessive and should be reduced in the interest of justice," was rejected as improperly before the court in view of his "unchallenged waiver" of a right to appeal.
Time's up?
To download a copy of the Appellate Division's decision, please use this link: People v Mcgourty