People v Serrano
2010 NY Slip Op 09154 [79 AD3d 772]
December 7, 2010
Appellate Division, Second Department
As corrected through Wednesday, February 16, 2011


The People of the State of New York, Respondent,
v
RobertSerrano, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy ofcounsel; Robert Ho on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garnett, J.),rendered June 12, 2009, convicting him of welfare fraud in the fourth degree and welfare fraud in thefifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the sentencing court conducted an inquiry sufficient todetermine that he violated a condition of the plea agreement by failing to perform community service(see People v Valencia, 3 NY3d714, 715 [2004]; People v Spruell,60 AD3d 876 [2009]; People vKitchens, 46 AD3d 577, 578 [2007]; People v Covington, 28 AD3d 575, 575-576 [2006]; People v Garner, 18 AD3d 669, 670[2005]; cf. People v Fiammegta, 14NY3d 90, 98 [2010]). Prudenti, P.J., Dillon, Balkin and Chambers, JJ., concur.


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