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PEOPLE v. SPRUILL

Ind. Nos. 513/17, 722/17. Appeal No. 14779-14779A. Case Nos. 2019-837, 2019-844.

200 A.D.3d 475 (2021)

155 N.Y.S.3d 67

2021 NY Slip Op 06819

The People of the State of New York, Respondent, v. Kevin Spruill, Appellant.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John Vang of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Karl Z. Deuble of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.

Defendant's claim that his sentence was improperly enhanced is unpreserved because he never moved to withdraw his plea or challenge the court's ruling that he had violated plea conditions (see People v Stephens, 108 A.D.3d 414 [1st Dept 2013], lv denied 21 N.Y.3d 1077 [2013]). As an alternative holding, we find that the court providently exercised its discretion in imposing an enhanced sentence...

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