PEOPLE v. LIVINGSTON

8053, 3527/09, 8053A, 142N/10.

96 A.D.3d 688 (2012)

946 N.Y.S.2d 865

2012 NY Slip Op 5256

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESHAWN LIVINGSTON, Appellant.

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

June 28, 2012.


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 challenge to the imposition of additional prison time and accepted the court's six-month enhancement of the promised sentence...

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