People v. Terry

Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered September 30, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

After an Outley hearing (People v Outley, 80 NY2d 702 [1993]), the court properly imposed an enhanced sentence based on defendant’s serious misconduct, in violation of his plea agreement, between the time of the plea and the time of sentencing. The sentencing court found that the misconduct had been established by a preponderance of the evidence at the…