| People v Shih-Siang Shawn Liao |
| 2013 NY Slip Op 00945 [103 AD3d 757] |
| February 13, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Shih-Siang Shawn Liao, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andMerri Turk Lasky of counsel; Anish Patel on the brief), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Mullings, J.), imposed March 1, 2010, on the grounds, inter alia,that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's contention that he was denied due process because the SupremeCourt failed to hold a hearing to determine whether he violated a term of his pleaagreement before sentencing him to an enhanced term of imprisonment is unpreservedfor appellate review (see CPL 470.05 [2]; People v Bragg, 96 AD3d 1071 [2012]; People v Arrington, 94 AD3d903 [2012]; People vTimberlake, 82 AD3d 1134, 1135 [2011]). In any event, since the defendant didnot dispute that he violated the plea agreement by failing to return to court on the originalsentencing date of June 30, 2009, no hearing was required (see People v Valencia, 3 NY3d714, 715-716 [2004]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Eng, P.J., Mastro, Dickerson, Lott and Miller, JJ., concur.