People v. Hicks

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted, upon a plea of guilty, of two counts of rape in the first degree (Penal Law § 130.35 [3]) and was sentenced to consecutive indeterminate terms of incarceration of 10 to 20 years. Although as part of the plea agreement defendant was promised consecutive indeterminate terms of 3 to 6 years, County Court imposed an enhanced sentence based upon defendant’s failure to provide truthful responses to the questions of the probation officer who prepared the…