PEOPLE v. GUZMAN-HERNANDEZ

2013-08351, Ind. No. 1625-11.

135 A.D.3d 957 (2016)

23 N.Y.S.3d 582

2016 NY Slip Op 00513

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEOVANI GUZMAN-HERNANDEZ, Appellant.

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

Decided January 27, 2016.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to a determinate term of imprisonment of seven years plus a period of five years of postrelease supervision; as so modified, the judgment is affirmed.

An enhanced sentence may be imposed on a defendant who, in violation of an express condition of a plea agreement, has failed to truthfully answer questions during a probation department interview...

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