PEOPLE v. POWELL


196 Misc.2d 977 (2003)

768 N.Y.S.2d 547

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NATHAN POWELL, Defendant.

County Court, Nassau County.

August 18, 2003.


Attorney(s) appearing for the Case

Thomas F. Liotti for defendant.

Denis E. Dillon, District Attorney (Fred B. Klein of counsel), for plaintiff.


OPINION OF THE COURT

DONALD P. DERIGGI, J.

Before the Court of Appeals decided the case of People v Hicks (98 N.Y.2d 185 [2002]), the imposition of an enhanced sentence due to the untruthful statements of the defendant to the Probation Department was not an authorized practice. For instance, in People v Burns (279 A.D.2d 586 [2d Dept 2001]), the

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