KINGSTON – The Appellate Division, Third Department of State Supreme Court has affirmed the July 2015 conviction of Ian Stewart, 36, who pled guilty to criminal possession of a controlled substance.
In April 2015, he possessed 500 milligrams or more of cocaine, waived indictment and pled guilty to drug possession. As agreed upon with the court, he was sentenced to three years in state prison followed by three years of post-release supervision.
At that time, Stewart also waived his right to appeal. On July 1, 2015, as a second felony offender, Ulster County Court Judge Donald Williams agreed to the sentencing terms.
Despite pleading guilty and waiving his right to appeal, he appealed claiming he was improperly sentenced as a second felony offender because the court failed to advise him that he could controvert the allegations contained in the prior felony information.
The appellate court concluded Stewart’s claim was unpreserved for review in light of his failure to object at the time of sentencing, and regardless, the court had substantially complied with the requirements of the law, which governs the procedure to be followed.
Stewart has two felony convictions, four misdemeanor convictions and several bench warrants on his record, the DA’s office said.
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