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PEOPLE v. FOSTER

2016-05321, Ind. No. 121/15.

153 A.D.3d 1429 (2017)

2017 NY Slip Op 06659

60 N.Y.S.3d 692

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN FOSTER, Appellant.

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

Decided September 27, 2017.

Ordered that 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 (see People v Hicks, 98 N.Y.2d 185, 187 [2002]; People v Guzman-Hernandez, 135 A.D.3d 957 [2016]). Due process, however, requires that, before imposing...

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