| People v Hunter |
| 2012 NY Slip Op 06326 [98 AD3d 1189] |
| September 27, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v StanleyHunter, Appellant. |
—[*1] James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), forrespondent.
Kavanagh, J. Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.),rendered November 30, 2010, convicting defendant upon his plea of guilty of the crime ofmurder in the second degree.
In May 2010, defendant and two codefendants were charged with various crimes followingan attempted robbery that resulted in defendant shooting and killing the victim. Defendantthereafter pleaded guilty to murder in the second degree and waived his right to appeal. Pursuantto the plea agreement, defendant was to be sentenced to a term of imprisonment of 20 years tolife. County Court admonished defendant that his sentence could be enhanced if, among otherthings, he got into trouble in jail. Prior to sentencing, defendant was arraigned on an indictmentcharging him with promoting prison contraband in the first degree, attempted escape in the firstdegree (two counts) and obstructing governmental administration. Following an Outleyhearing, County Court determined that the People established sufficient grounds to enhancedefendant's sentence and consequently sentenced him to a prison term of 25 years to life.Defendant now appeals.
We affirm. Defendant contends that County Court improperly enhanced his sentence withoutgiving him an opportunity to withdraw his plea. Inasmuch as the record before us indicates thatdefendant failed to object to the enhanced sentence and did not move to withdraw [*2]his plea, his contention is not preserved for our review (see People v Mills, 90 AD3d1518, 1519 [2011], lv denied 18 NY3d 960 [2012]; People v McEachern, 68 AD3d1357, 1358 [2009]; People v Webb, 299 AD2d 955, 955 [2002], lv denied 99NY2d 565 [2002]), and we decline to exercise our interest of justice jurisdiction to takecorrective action (cf. People vAdams, 93 AD3d 1082, 1082-1083 [2012]; compare People v Lewis, 98 AD3d1186 [2012] [decided herewith]). To the extent that defendant argues that County Court erred infinding that he had violated certain conditions of his plea agreement, we conclude that there wasa legitimate basis for the new charges and, therefore, it was within County Court's discretion toimpose an enhanced sentence (seePeople v Valencia, 3 NY3d 714, 715 [2004]; People v Outley, 80 NY2d 702,713 [1993]; People v Ricketts, 27AD3d 488, 489 [2006], lv denied 6 NY3d 852 [2006]; People v Coleman,266 AD2d 227, 227 [1999], lv denied 94 NY2d 946 [2000]; compare People v Smalls, 85 AD3d1450, 1451 [2011]).
Mercure, J.P., Rose, Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed.