| People v Bacchus |
| 2013 NY Slip Op 00930 [103 AD3d 744] |
| February 13, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher Bacchus, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Suzanne H. Sullivan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Koenderman, J.), rendered February 17, 2011, convicting him of criminal contempt inthe first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant pleaded guilty to criminal contempt in the first degree in exchange foran agreed-upon sentence. During the plea colloquy, the defendant was informed that oneof the conditions of the plea agreement was that he not be rearrested. In addition, theSupreme Court advised the defendant that, if he failed to honor the terms of the pleaagreement, he could be subject to an enhanced sentence. After the defendant wasrearrested, the court imposed an enhanced term of imprisonment based upon his violationof a condition of the plea agreement.
Sentencing is a critical stage of the criminal proceeding and must satisfy therequirements of due process (see People v Fiammegta, 14 NY3d 90, 96 [2010];People v Outley, 80 NY2d 702, 712 [1993]). In order to comply with dueprocess, the sentencing court must assure itself that the information upon which it basesthe sentence is reliable and accurate (see People v Outley, 80 NY2d at 712). Thedefendant's contention that the Supreme Court erred in failing to hold a full evidentiaryhearing to determine whether he violated a term of his plea agreement before sentencinghim to an enhanced term of imprisonment is without merit. Under the circumstances ofthis case, the court properly determined that the defendant violated the term of the pleaagreement which prohibited him from being rearrested, and the court properly imposedan enhanced sentence based on the defendant's violation of the plea agreement (see People v Bragg, 96 AD3d1071, 1072 [2012]; see also People v Outley, 80 NY2d 702 [1993]). Rivera,J.P., Leventhal, Hall and Roman, JJ., concur.