| People v Mazyck |
| 2014 NY Slip Op 03864 [117 AD3d 1084] |
| May 28, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Timothy D. Mazyck, Appellant. |
Carol Kahn, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), dated March 12, 2013, convicting him of assault in the second degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
A defendant's "failure to abide by a condition of a plea agreement to truthfullyanswer questions asked by [a] probation department is an appropriate basis for theenhancement of the defendant's sentence" (People v Patterson, 106 AD3d 757, 757 [2013]; seePeople v Hicks, 98 NY2d 185 [2002]). Here, the plea condition requiring thedefendant to cooperate with the Dutchess County Office of Probation and CommunityCorrections (hereinafter the OPCC) was explicit and objective, and the plea allocutionreveals that the defendant acknowledged, understood, and accepted such condition(see People v Patterson, 106 AD3d at 757; People v Butler, 49 AD3d 894, 895 [2008]; People v Blackwell, 62 AD3d896, 897 [2009]). Accordingly, the Supreme Court properly imposed an enhancedsentence based upon the defendant's violation of the condition by refusing to beinterviewed by the OPCC.
The defendant's remaining contentions are without merit. Dillon, J.P., Leventhal,Sgroi and Maltese, JJ., concur.