People v. Santos

13 A.D.3d 258, 785 N.Y.S.2d 922, 2004 N.Y. App. Div. LEXIS 15480

Opinion

Judgment, Supreme Court, Bronx County (Michael R. Sonberg, J.), rendered March 5, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 21U to 4V2 years, unanimously modified, on the law, to the extent of reducing the sentence to a term of 2 to 4 years, and otherwise affirmed.

Since the record does not support a finding that defendant violated a plea condition requiring him to be truthful with the Department of Probation (compare People v Hicks, 98 NY2d 185 [2002]), the court improperly imposed an enhanced sentence. We conclude that reduction of defendant’s sentence to the originally bargained-for term would be an appropriate remedy under the circumstances. Concur—Nardelli, J.P., Andrias, Ellerin, Marlow and Sweeny, JJ.