| People v Foster |
| 2017 NY Slip Op 06659 [153 AD3d 1429] |
| September 27, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kevin Foster, Appellant. |
Steven A. Feldman, Uniondale, NY (Arza Feldman of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Brown, J.),rendered May 5, 2016, convicting him of aggravated criminal contempt, upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
An enhanced sentence may be imposed on a defendant who, in violation of an expresscondition of a plea agreement, has failed to truthfully answer questions during a probationdepartment interview (see People v Hicks, 98 NY2d 185, 187 [2002]; People v Guzman-Hernandez, 135AD3d 957 [2016]). Due process, however, requires that, before imposing an enhancedsentence, the court conduct an inquiry sufficient for it to determine that the defendant indeedviolated the plea condition (see People vValencia, 3 NY3d 714, 715 [2004]; People v Outley, 80 NY2d 702, 712 [1993];People v Guzman-Hernandez, 135 AD3d at 957).
Here, the record at the plea proceeding established that the defendant acknowledged,understood, and accepted the condition that he truthfully answer questions at his interview withthe probation department (see People v Guzman-Hernandez, 135 AD3d at 957; People v Frazier, 127 AD3d 1229,1230 [2015]; People v Mazyck, 117AD3d 1084, 1085 [2014]). Further, the County Court conducted an inquiry sufficient for itto determine that the defendant violated the plea condition during the probation departmentinterview by answering untruthfully. Accordingly, the court properly imposed an enhancedsentence (see People v Guzman-Hernandez, 135 AD3d at 957-958; People vFrazier, 127 AD3d at 1230; Peoplev Butler, 49 AD3d 894, 895 [2008]). Mastro, J.P., Rivera, Sgroi and Maltese, JJ.,concur.