In addition to vacating Posner's sentence, the appellate court ruled that the County Court erred in directing Posner to file a confession of judgment as part of her restitution and vacated her confession.
If she convinces the judge that she did not act willfully, Posner could be released and given more time to make restitution.
"It's not a complete win, but it's a significant partial win," said Horner, who was assigned by the Second Department to represent Posner on appeal.
Putnam County's district attorney, Adam Levy, said he disagreed with the panel's findings. "We will enter negotiations with the defense counsel in an attempt to make the victim whole—in this case, her paying the restitution, which she said unequivocally she would do and had the capacity to do at the time of her plea," Levy said.
He added that if Posner cannot show she intended to pay the restitution but was simply unable to do so, he will seek to reimpose her 5-to-15 year sentence.
Pending resentencing, Posner will be transferred from Beacon Correctional Facility, a minimum security state prison for women, to the county jail. Levy said he will move to reinstate $300,000 bail.
A date for the resentencing has not been set. It is also unclear who will represent Posner. Horner does not expect to continue.
@|Tania Karas can be contacted at tkaras@alm.com.
Subscribe to New York Law Journal
