Opinion
2012-06-28
The PEOPLE of the State of New York, Respondent, v. Deshawn LIVINGSTON, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for respondent.
Judgments, Supreme Court, New York County (Michael R. Sonberg, J.), rendered April 27, 2010, convicting defendant, upon his pleas of guilty, of criminal sale of a controlled substance in the third and fourth degrees, and sentencing him to an aggregate term of 4 1/2 years, unanimously affirmed.
Defendant failed to preserve, and expressly waived, his claim that the court improperly enhanced his negotiated sentence, and we decline to review it in the interest of justice. The court offered to conduct a hearing on the issue of whether defendant violated a term of the plea agreement, but defendant declined that offer. Instead, defendant withdrew his challengeto the imposition of additional prison time and accepted the court's six-month enhancement of the promised sentence.
As an alternative holding, we reject defendant's claim on the merits. The record supports the court's finding that defendant violated a plea condition requiring him to be truthful with the Department of Probation concerning the underlying facts of the crimes to which he pleaded guilty ( see People v. Hicks, 98 N.Y.2d 185, 189, 746 N.Y.S.2d 441, 774 N.E.2d 205 [2002] ).
We perceive no other basis for reducing the enhanced sentence.