| People v Livingston |
| 2012 NY Slip Op 05256 [96 AD3d 688] |
| June 28, 2012 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Deshawn Livingston, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), forrespondent.
Judgments, Supreme Court, New York County (Michael R. Sonberg, J.), rendered April 27,2010, convicting defendant, upon his pleas of guilty, of criminal sale of a controlled substance inthe third and fourth degrees, and sentencing him to an aggregate term of 4½ years,unanimously affirmed.
Defendant failed to preserve, and expressly waived, his claim that the court improperlyenhanced his negotiated sentence, and we decline to review it in the interest of justice. The courtoffered to conduct a hearing on the issue of whether defendant violated a term of the pleaagreement, but defendant declined that offer. Instead, defendant withdrew his challenge to theimposition of additional prison time and accepted the court's six-month enhancement of thepromised sentence.
As an alternative holding, we reject defendant's claim on the merits. The record supports thecourt's finding that defendant violated a plea condition requiring him to be truthful with theDepartment of Probation concerning the underlying facts of the crimes to which he pleadedguilty (see People v Hicks, 98 NY2d 185, 189 [2002]).
We perceive no other basis for reducing the enhanced sentence. Concur—Mazzarelli,J.P., Catterson, Moskowitz, Manzanet-Daniels and Román, JJ.