| People v Holland |
| 2023 NY Slip Op 03706 [218 AD3d 490] |
| July 5, 2023 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Curtis T. Holland, Appellant. |
Law Office of Kelley M. Enderley, P.C., Poughkeepsie, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Amie M. Johnson ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Jessica Segal, J.), rendered December 14, 2021, convicting him of criminal possession ofa controlled substance in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
On appeal, the defendant contends that the County Court did not have a sufficientbasis on which to impose an enhanced sentence. Contrary to the People's contention, thisclaim is not precluded by his waiver of the right to appeal (see People v Carson, 213 AD3d690, 691 [2023]; People vSmith, 160 AD3d 664, 665 [2018]; People v Gregory, 140 AD3d 1088, 1089 [2016]). Thedefendant's contention, however, that the court should have held a hearing prior toimposing an enhanced sentence is unpreserved for appellate review, since the defendantneither requested such a hearing nor moved to withdraw his plea on this ground (see People v Durkin, 214 AD3d741, 741 [2023]; People vGoode-Ford, 205 AD3d 1051 [2022]; People v Shealy, 195 AD3d 1047 [2021]). In any event,under the circumstances of this case, the court's inquiry was sufficient to determine thatthe defendant had violated conditions of his plea agreement (see People v Durkin,214 AD3d at 741; People v Shealy, 195 AD3d at 1048; People v Foster, 153 AD3d1429, 1429 [2017]), and the court's findings that the defendant violated theconditions imposed at the plea proceeding were "supported by sufficient reliable andaccurate information" (People vSterngast, 211 AD3d 1043, 1044 [2022]; see People v Valencia, 3 NY3d 714, 715 [2004]; Peoplev Outley, 80 NY2d 702, 712 [1993]).
Accordingly, the County Court providently exercised its discretion in imposing theenhanced sentence (see People v Durkin, 214 AD3d at 741; People vShealy, 195 AD3d at 1049; People v Takie, 172 AD3d 1249, 1250 [2019]). LaSalle,P.J., Connolly, Genovesi and Voutsinas, JJ., concur.