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Defendant’s Refusing to Be Interviewed by the Probation Department Was a Valid Ground for Sentence Enhancement

The Second Department determined the defendant’s refusing to be interviewed by the probation department was a valid ground for a sentence enhancement:

A defendant’s “failure to abide by a condition of a plea agreement to truthfully answer questions asked by [a]; probation department is an appropriate basis for the enhancement of the defendant’s sentence” … . Here, the plea condition requiring the defendant to cooperate with the Dutchess County Office of Probation and Community Corrections (hereinafter the OPCC) was explicit and objective, and the plea allocution reveals that the defendant acknowledged, understood, and accepted such condition … . Accordingly, the Supreme Court properly imposed an enhanced sentence based upon the defendant’s violation of the condition by refusing to be interviewed by the OPCC. People v Mazyck, 2014 NY Slip Op 03864, 2nd Dept 5-28-14

 

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