Legal Opinion

People v. Foster

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2017No. 2016-05321PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Brown, J.), rendered May 5, 2016, convicting him of aggravated criminal contempt, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

An enhanced sentence may be imposed on a defendant who, in violation of an express condition of a plea agreement, has failed to truthfully answer questions during a probation department interview (see People v Hicks, 98 NY2d 185, 187 [2002]; People v Guzman-Hernandez, 135 AD3d 957 [2016]). Due process, however, requires that, before imposing an…

2Cases cited7 opinions

  1. People v. OutleyNew York Court of Appeals · 1993
  2. People v. ValenciaNew York Court of Appeals · 2004
  3. People v. HicksNew York Court of Appeals · 2002
  4. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. Guzman-HernandezAppellate Division of the Supreme Court of the State of New York · 2016

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. ShealyAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. HollandAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. DurkinAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. MancillaAppellate Division of the Supreme Court of the State of New York · 2025
  5. People v. MurdockAppellate Division of the Supreme Court of the State of New York · 2019

2 more not listed; retrieve them via the Exa API.

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