People v. Powell

OPINION OF THE COURT

Donald P. DeRiggi, J.

Before the Court of Appeals decided the case of People v Hicks (98 NY2d 185 [2002]), the imposition of an enhanced sentence due to the untruthful statements of the defendant to the Probation Department was not an authorized practice. For instance, in People v Burns (279 AD2d 586 [2d Dept 2001]), the *978Court held that the sentencing court was not authorized to unilaterally impose an enhanced sentence based upon its conclusion that in protesting his innocence during a presentence interview, the defendant violated a condition of his plea of guilty that he…