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PEOPLE v. HICKS

98 N.Y.2d 185 (2002)

774 N.E.2d 205

746 N.Y.S.2d 441

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CHARLIE HICKS, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney, Rochester (Arthur G. Weinstein of counsel), for appellant.

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for respondent.

Charles S. Turner, County Attorney, Rochester (Linda R. Kelly of counsel), for Monroe County Office of Probation-Community Corrections, amicus curiae.

Jonathan E. Gradess, Albany, and Alfred O'Connor for New York State Defenders Association, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Was defendant's false denial of his criminal conduct to the Probation Department—in violation of an explicit written plea condition that he truthfully answer questions asked of him by the Department—an appropriate basis for enhancement of his sentence? In this case it was.

In a written statement given to the police, defendant admitted to sexual...

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