People of the State of New York v. Latrese Carr
Attorneys and Parties
Brief Summary
Criminal law — enforcement of conditional plea agreements and correction of the record when the trial court omits an agreed vacatur.
The Supreme Court, Bronx County, accepted a conditional plea to first-degree reckless endangerment and attempted first-degree reckless endangerment and, after the defendant complied with the conditions, imposed the promised sentence on the attempted count but failed to orally vacate the first-degree reckless endangerment plea.
The appellate court modified the judgment to vacate the plea to reckless endangerment in the first degree; the sentence and conviction on attempted first-degree reckless endangerment were otherwise affirmed.
Because the defendant satisfied all conditions of the plea agreement and the record (the court’s action sheet) showed the sentencing court intended to vacate the first-degree reckless endangerment plea; the People did not oppose the requested relief.
Background
Defendant Latrese Carr, as a second felony offender, entered a conditional plea requiring initial guilty pleas to reckless endangerment in the first degree and attempted reckless endangerment in the first degree. The agreement provided that if Carr returned to court for sentencing without new arrests, the court would vacate the first-degree reckless endangerment plea and sentence only on the attempted count to 1.5 to 3 years. Carr satisfied the conditions; the court imposed the promised sentence but did not orally announce the vacatur of the first-degree reckless endangerment plea. The court’s action sheet reflected that it believed it had vacated that plea.
Lower Court Decision
On December 18, 2024, the Supreme Court, Bronx County (Guy H. Mitchell, J.), sentenced Carr as a second felony offender to 1.5 to 3 years on the attempted first-degree reckless endangerment conviction, consistent with the conditional plea agreement, but failed to orally vacate the plea to first-degree reckless endangerment.
Appellate Division Reversal
The Appellate Division, First Department, unanimously modified the judgment in the interest of justice by vacating the plea to first-degree reckless endangerment and otherwise affirmed, noting Carr’s full compliance with the plea conditions and the People’s lack of opposition.
Legal Significance
The decision reaffirms that appellate courts will enforce conditional plea bargains and use interest-of-justice authority to correct ministerial or clerical omissions so that the record conforms to the parties’ agreement once a defendant has complied.
When a defendant fulfills a conditional plea’s terms, the agreed vacatur must be effectuated; if the trial court omits it, the appellate court can modify the judgment to reflect the plea bargain while leaving the promised sentence intact.