Opinion
2017–11441 Ind.No. 16–00981
05-08-2019
The PEOPLE, etc., Respondent, v. Karlton R. MCCANTS, Appellant.
Mark Diamond, New York, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Christine DiSalvo of counsel), for respondent.
Mark Diamond, New York, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Christine DiSalvo of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SYLVIA O. HINDS–RADIX, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the County Court, Westchester County (Susan M. Capeci, J.), rendered October 4, 2017, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of his right to due process of law when the County Court did not a hold a hearing concerning his alleged violation of a condition of the plea agreement, as the defendant acknowledged that he had a right to a hearing and agreed to waive this right. Further, the court providently exercised its discretion in finding, upon the defendant's admission, that he violated a condition of the plea agreement. Under these circumstances, we agree with the court's determination to impose an enhanced sentence upon the defendant's conviction of attempted criminal possession of a controlled substance in the third degree (see People v. Valencia, 3 N.Y.3d 714, 716, 786 N.Y.S.2d 374, 819 N.E.2d 990 ; People v. West, 156 A.D.3d 920, 65 N.Y.S.3d 772 ; People v. McMillan, 112 A.D.3d 970, 977 N.Y.S.2d 370 ; People v. Cisneros, 43 A.D.3d 471, 471–472, 840 N.Y.S.2d 539 ).
LEVENTHAL, J.P., HINDS–RADIX, BARROS and CONNOLLY, JJ., concur.