People v. Anderson
Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [1]). Defendant failed to preserve for our review his contention that County Court failed to conduct a sufficient inquiry pursuant to People v Outley (80 NY2d 702 [1993]) into his violation of the conditions of the plea agreement before imposing an enhanced sentence (see generally People v Vaillant, 77 AD3d 1389, 1389-1390 [2010]; People v Dietz, 66 AD3d 1400, 1400 [2009], lv denied 13 NY3d 906 [2009]). Further, inasmuch as defendant conceded that he had lost his sentence cap because of a violation of the conditions of his plea agreement, the court had no independent duty to conduct such an inquiry (see People
Case-law data current through December 31, 2025. Source: CourtListener bulk data.