PEOPLE v. VERBITSKY

KA 10-00522.

90 A.D.3d 1516 (2011)

934 N.Y.S.2d 888

2011 NY Slip Op 9400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL VERBITSKY, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2011.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). We reject defendant's contention that County Court erred in imposing an enhanced term of incarceration based on postplea acts committed by defendant. "[T]o satisfy due process, a sentencing court must, prior to imposing...

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