| People v Perez |
| 2016 NY Slip Op 04243 [140 AD3d 799] |
| June 1, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Boris Augustin Perez, Appellant. |
Marianne Karas, Thornwood, NY, for appellant, and appellant pro se.
James A. McCarty, Acting District Attorney, White Plains, NY (Jennifer Spencer andLaurie Sapakoff of counsel; Jack Peterson-Daily on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Cacace, J.), rendered September 30, 2014, convicting him of course of sexual conductagainst a child in the second degree, upon a plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's waiver of his right to appeal does not foreclose review of hiscontention that he was deprived of his right to due process because the sentencing courtfailed to conduct a sufficient inquiry to determine whether he violated a condition of hisplea agreement requiring that he not be arrested for a new crime (see People v Cousar, 128AD3d 716 [2015]; People vArrington, 94 AD3d 903 [2012]). However, contrary to the defendant'scontention, the inquiry conducted by the sentencing court was sufficient to determine thatthere was a legitimate basis for the defendant's post-plea arrest, and thus satisfied therequirements of due process (seePeople v Driscoll, 131 AD3d 766 [2015]; People v Arrington, 94 AD3d 903 [2012]).
Since the defendant was informed of the maximum sentence that could be imposed ifhe failed to comply with the conditions of his plea agreement, his general waiver of hisright to appeal encompasses his claim that the enhanced sentence was excessive (seePeople v Lococo, 92 NY2d 825, 827 [1998]; People v Frazier, 127 AD3d 1229, 1230 [2015]; People v Gonzalez, 93 AD3d679 [2012]).
The defendant's remaining contention is without merit. Dillon, J.P., Sgroi, Miller andBarros, JJ., concur.