Opinion
2013-02-13
The PEOPLE, etc., respondent, v. Shih–Siang Shawn LIAO, appellant.
Steven Banks, New York, N.Y. (Adrienne Gantt of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Anish Patel on the brief), for respondent.
Steven Banks, New York, N.Y. (Adrienne Gantt of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri 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 Supreme Court, 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 Supreme Court failed to hold a hearing to determine whether he violated a term of his plea agreement before sentencing him to an enhanced term of imprisonment is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Bragg, 96 A.D.3d 1071, 946 N.Y.S.2d 890;People v. Arrington, 94 A.D.3d 903, 941 N.Y.S.2d 877;People v. Timberlake, 82 A.D.3d 1134, 1135, 919 N.Y.S.2d 352). In any event, since the defendant did not dispute that he violated the plea agreement by failing to return to court on the original sentencing date of June 30, 2009, no hearing was required ( see People v. Valencia, 3 N.Y.3d 714, 715–716, 786 N.Y.S.2d 374, 819 N.E.2d 990).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).