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PEOPLE v. TERRY

38 A.D.3d 297 (2007)

830 N.Y.S.2d 659

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYSHAWN TERRY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 13, 2007.

After an Outley hearing (People v Outley, 80 N.Y.2d 702 [1993]), the court properly imposed an enhanced sentence based on defendant's serious misconduct, in violation of his plea agreement, between the time of the plea and the time of sentencing. The sentencing court found that the misconduct had been established by a preponderance of the evidence at the Outley hearing, and...

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