People v. Becker, 80 A.D.3d 795 (N.Y. App. Div. 2011). · Go Syfert
People v. Becker, 80 A.D.3d 795 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
42 citation events (42 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Dibble (nyappdiv, 2026-05-07)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Dibble (5×) also: Cited "see", Cited "see, e.g."
N.Y. App. Div. · 2026 · confidence medium
Accordingly, we find that it was an abuse of discretion for County Court to impose an enhanced sentence based upon a Hicks violation ( see People v Hendrie , 232 AD3d at 1070; People v Becker , 80 AD3d at 796-797), and we vacate the enhanced nine-year prison sentence as to the conviction of criminal sale of a controlled substance in the third degree and instead impose the agreed-upon sentence of five years in prison.
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2026 · confidence medium
As for the merit of defendant's contention, it is well established that the violation of an explicit and objective plea condition, including a condition that a defendant truthfully answer questions during an interview with probation in compiling information for the PSR, can result in the imposition of an enhanced sentence ( see People v Hendrie , 232 AD3d at 1069; People v Becker , 80 AD3d 795, 796 [3d Dept 2011]).
discussed Cited as authority (rule) People v. Dibble
N.Y. App. Div. · 2023 · confidence medium
"It is well established that the violation of an explicit and objective plea condition that was accepted by the defendant can result in the imposition of an enhanced sentence" ( People v Becker , 80 AD3d 795, 796 [3d Dept 2011] [citations omitted]; see People v Hicks , 98 NY2d 185, 189 [2002]; People v Blanford , 179 AD3d 1388, 1393 [3d Dept 2020], lv denied 35 NY3d 968 [2020]; People v Bouck , 153 AD3d 1522, 1523 [3d Dept 2017], lv denied 30 NY3d 1017 [2017]).
discussed Cited as authority (rule) People v. Dibble
N.Y. App. Div. · 2023 · confidence medium
"It is well established that the violation of an explicit and objective plea condition that was accepted by the defendant can result in the imposition of an enhanced sentence" ( People v Becker , 80 AD3d 795, 796 [3d Dept 2011] [citations omitted]; see People v Hicks , 98 NY2d 185, 189 [2002]; People v Blanford , 179 AD3d 1388, 1393 [3d Dept 2020], lv denied 35 NY3d 968 [2020]; People v Bouck , 153 AD3d 1522, 1523 [3d Dept 2017], lv denied 30 NY3d 1017 [2017]).
discussed Cited as authority (rule) Takie v. Downstate Correctional Facility Superintendent
E.D.N.Y · 2020 · confidence medium
And after the court imposed the common condition that petitioner must cooperate with the Probation Office and give a truthful account of his crime, see People v. Becker, 80 A.D.3d 795, 796 (3d Dep’t 2011) (citing cases imposing this condition), petitioner voiced no objection, see Plea Colloquy Tr. 11:23-12:18.
discussed Cited as authority (rule) People v. Garcia
N.Y. App. Div. · 2015 · confidence medium
As the People correctly concede, the defendant should not have received an enhanced sentence since there was no “treatment” condition attached to her plea, and there was no proof that she had otherwise violated the plea agreement (see People v Zeldine, 121 AD3d 928, 929 [2014]; People v Becker, 80 AD3d 795, 796 [2011]).
discussed Cited as authority (rule) People v. Stanley
N.Y. App. Div. · 2015 · confidence medium
With respect to the merits, “[i]t is well established that the violation of an explicit and objective . . . condition [of a sentence promise] that was accepted by the defendant can result in the imposition of an enhanced sentence” (People v Becker, 80 AD3d 795, 796 [2011]; see People v Hicks, 98 NY2d 185, 189 [2002]).
discussed Cited as authority (rule) People v. Stanley
N.Y. App. Div. · 2015 · confidence medium
With respect to the merits, “[i]t is well established that the violation of an explicit and objective . . . condition [of a sentence promise] that was accepted by the defendant can result in the imposition of an enhanced sentence” (People v Becker, 80 AD3d 795, 796 [2011]; see People v Hicks, 98 NY2d 185, 189 [2002]).
discussed Cited as authority (rule) People v. Pianaforte
N.Y. App. Div. · 2015 · confidence medium
Although the violation of an explicit and objective plea condition that was accepted by the defendant can result in the imposition of an enhanced sentence (see People v Hicks, 98 NY2d 185, 189 [2002]; People v Becker, 80 AD3d 795, 796 [2011]; People v Coffey, 77 AD3d 1202, 1203 [2010]), here, the defendant’s denial of his guilt to the DOP was not a violation of the condition that he cooperate with the DOP (see People v Zeldine, 121 AD3d 928 [2014]).
discussed Cited as authority (rule) People v. Criscitello
N.Y. App. Div. · 2014 · confidence medium
Accordingly, the sentence must be vacated and the matter remitted to County Court to either impose the original agreed-upon sentence or to give defendant an opportunity to withdraw his plea (see People v Tole, 119 AD3d 982, 984 [2014]; People v Becker, 80 AD3d 795, 796-797 [2011]).
cited Cited as authority (rule) People v. Zeldine
N.Y. App. Div. · 2014 · confidence medium
Accordingly, it erred in imposing an enhanced sentence based on its conclusion that the defendant violated a condition of the guilty plea (see People v Becker, 80 AD3d 795, 796 [2011]).
discussed Cited as authority (rule) People v. Talbi (2×)
N.Y. App. Term. · 2014 · confidence medium
People v Becker, 80 AD3d 795, 796 [2011]; People v Blackwell, 62 AD3d 896, 897 [2009]; People v Faulkner, 54 AD3d 1134, 1135 [2008]; cf. People v Bragg, 96 AD3d 1071 ).
examined Cited as authority (rule) People v. Tole (3×)
N.Y. App. Div. · 2014 · confidence medium
A sentencing court may not impose an enhanced sentence unless it has informed the defendant of specific conditions that the defendant must abide by or risk such enhancement, or give the defendant an opportunity to withdraw his or her plea before the enhanced sentence is imposed (see People v Lewis, 98 AD3d at 1186 ; People v Lindsey, 80 AD3d at 1006; People v Becker, 80 AD3d 795, 796 [2011]; People v Fisher, 76 AD3d 1122 , 1122 [2010]; People v McDermott, 68 AD3d at 1454 ).
examined Cited as authority (rule) People v. Tole (3×)
N.Y. App. Div. · 2014 · confidence medium
A sentencing court may not impose an enhanced sentence unless it has informed the defendant of specific conditions that the defendant must abide by or risk such enhancement, or give the defendant an opportunity to withdraw his or her plea before the enhanced sentence is imposed (see People v Lewis, 98 AD3d at 1186 ; People v Lindsey, 80 AD3d at 1006; People v Becker, 80 AD3d 795, 796 [2011]; People v Fisher, 76 AD3d 1122 , 1122 [2010]; People v McDermott, 68 AD3d at 1454 ).
discussed Cited as authority (rule) People v. Caza (2×)
N.Y. App. Div. · 2014 · signal: cf. · confidence medium
Inasmuch as defendant was “fully informed during the plea colloquy of the conditions of the plea agreement and the consequences for noncompliance,” and the record demonstrates that she violated one of those conditions, we decline to exercise our interest of justice jurisdiction and take corrective action (People v Coffey, 77 AD3d 1202, 1204 [2010], lv denied 18 NY3d 882 [2012]; see People v Hicks, 98 NY2d 185, 188-189 [2002]; People v Godfrey, 33 AD3d 623 , 624 [2006], lv denied 8 NY3d 846 [2007]; cf. People v Becker, 80 AD3d 795, 796-797 [2011]).
discussed Cited as authority (rule) People v. Caza (2×)
N.Y. App. Div. · 2014 · signal: cf. · confidence medium
Inasmuch as defendant was “fully informed during the plea colloquy of the conditions of the plea agreement and the consequences for noncompliance,” and the record demonstrates that she violated one of those conditions, we decline to exercise our interest of justice jurisdiction and take corrective action (People v Coffey, 77 AD3d 1202, 1204 [2010], lv denied 18 NY3d 882 [2012]; see People v Hicks, 98 NY2d 185, 188-189 [2002]; People v Godfrey, 33 AD3d 623 , 624 [2006], lv denied 8 NY3d 846 [2007]; cf. People v Becker, 80 AD3d 795, 796-797 [2011]).
discussed Cited as authority (rule) People v. Gabbidon
N.Y. App. Div. · 2012 · confidence medium
Under these circumstances, the court could not impose an enhanced sentence without first giving defendant the opportunity to withdraw his plea, which the court failed to do (see People v Becker, 80 AD3d 795, 796-797 [2011]; People v Dunton, 10 AD3d 808, 808-809 [2004], lv denied 4 NY3d 830 [2005]).
discussed Cited as authority (rule) People v. Gabbidon
N.Y. App. Div. · 2012 · confidence medium
Under these circumstances, the court could not impose an enhanced sentence without first giving defendant the opportunity to withdraw his plea, which the court failed to do (see People v Becker, 80 AD3d 795, 796-797 [2011]; People v Dunton, 10 AD3d 808, 808-809 [2004], lv denied 4 NY3d 830 [2005]).
discussed Cited "see" People v. Martinez
N.Y. App. Div. · 2022 · signal: see · confidence high
The court "never stated" that the defendant was required to continue his treatment beyond the residential program identified on the record ( People v Jenkins , 11 NY3d 282, 289 ; see People v Gabbidon , 96 AD3d 1235, 1236 ), and "only the failure to comply with explicit conditions can form the basis of a violation" ( People v Becker , 80 AD3d at 796 ; see People v Rushlow , 137 AD3d at 1483-1484 ; People v Garcia , 130 AD3d at 644 ; People v Lewis , 98 AD3d at 1186-1187 ).
discussed Cited "see" STANLEY, SCOTT D., PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
Moreover, with respect to preservation, because the court was “aware of, and expressly decided, the [issue] raised on appeal” (People v Collins, 106 AD3d 1544, 1546 , lv denied 21 NY3d 1072 [internal quotation marks omitted]; see People v Hawkins, 11 NY3d 484, 493 ), we conclude that defendant’s challenge to the court’s imposition of the enhanced sentence is properly before us notwithstanding defense counsel’s failure to object to the enhanced sentence. -3- 463 KA 13-01457 With respect to the merits, “[i]t is well established that the violation of an explicit and objective . . . co…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Robert R. Becker, Jr.
Appellate Division of the Supreme Court of the State of New York.
Jan 6, 2011.
80 A.D.3d 795
Malone.
Cited by 21 opinions  |  Published
Malone Jr., J.

Appeals (1) from a judgment of the County Court of Delaware County (Cerio, Jr., J.), rendered May 14, 2009, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree (two counts), and (2) from a judgment of said court, rendered May 21, 2009, convicting defendant upon his plea of guilty of the crimes of rape in the third degree, endangering the welfare of a child and attempted sexual abuse in the second degree.

Defendant was charged in two indictments with a total of 13 counts, all arising from incidents of sexual contact that defendant had with four teenage girls and an incident of sexual intercourse with a fifth teenage girl. As part of a plea agreement, defendant pleaded guilty to one count of rape in the third degree, endangering the welfare of a child and attempted sexual abuse in the second degree in full satisfaction of the nine counts charged in the first indictment. In satisfaction of the second indictment, he pleaded guilty to two counts of sexual abuse in the first degree. Pursuant to the plea agreement, the sentence promised to defendant was a one-year jail term, with 10 years of probation, conditioned upon, as is relevant here, his cooperation with the Probation Department in preparing a presentence report. County Court advised defendant that his failure to abide by the conditions imposed could result in the court imposing an enhanced sentence. After the presentence report was completed, the People moved to void the plea agreement on the basis that[*796] defendant had failed to cooperate with the Probation Department. Following a hearing, the court granted the People’s motion. Defendant then unsuccessfully moved to withdraw his pleas and County Court subsequently sentenced him, upon the first indictment, to 10 years of probation for the rape count and one-year conditional discharges on the other two counts, and, on the second indictment, sentenced him to two concurrent terms of four years in prison, with 10 years of probation. Defendant appeals.

It is well established that the violation of an explicit and objective plea condition that was accepted by the defendant can result in the imposition of an enhanced sentence (see People v Hicks, 98 NY2d 185, 189 [2002]; People v Coffey, 77 AD3d 1202, 1203 [2010]; People v Blackwell, 62 AD3d 896, 897 [2009], lv denied 13 NY3d 742 [2009]). Here, the condition that defendant was found to have violated required him to “comply with the Probation Department, cooperate with them fully during the course of the pre-sentence investigation.”[1] According to the People, defendant violated this condition by providing answers to the probation officer’s questioning related to the events underlying his convictions — particularly with respect to the first degree sexual abuse charges — that were not consistent with the representations that defendant made at the time he entered his guilty pleas. However, County Court never explicitly required defendant to provide answers to the Probation Department that were in conformity with his responses during the plea allocutions (compare People v Hicks, 98 NY2d 185 [2002], supra; People v Coffey, 77 AD3d 1202 [2010], supra; People v Blackwell, 62 AD3d 896 [2009], supra; People v Faulkner, 54 AD3d 1134, 1135 [2008], lv denied 11 NY3d 854 [2008]; People v Terrell, 41 AD3d 1044, 1044-1045 [2007]), and only the failure to comply with explicit conditions can form the basis of a violation.[2]

Furthermore, the probation officer informed defendant at the outset of the interview that he “need[ed] to be honest and truthful as to what [his] side of the story [was].” Requesting defendant to tell “[his] side of the story” is not necessarily the same[*797] as requesting that he provide a “truthful” and objective statement of fact, however. Under these circumstances, in light of the fact that defendant was never explicitly informed that his responses to the Probation Department had to conform with his responses during his plea allocution in order to be considered “truthful” and satisfy the conditions of the plea agreement, the fact that he provided the probation officer with a characterization of the incidents that was different than what he said to County Court when he pleaded guilty does not necessarily prove that his responses to the probation officer were inherently untruthful or that he did not “comply” and “cooperate” with the Probation Department as required by the court.

Accordingly, we agree with defendant that the sentences should be vacated and the matter remitted to County Court to either impose the original agreed-upon sentences or give defendant an opportunity to withdraw his pleas before imposing the enhanced sentences (see People v McDermott, 68 AD3d 1453, 1454 [2009]).

Cardona, P.J., Mercure, Stein and Garry, JJ., concur. Ordered that the judgments are modified, on the law, by vacating the sentences imposed; matter remitted to the County Court of Delaware County for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed.

1

This was the condition as stated by County Court at the time of his guilty plea in connection with the second indictment. As stated at the time of his guilty plea with respect to the first indictment, defendant was required to “cooperate with the Probation Department in preparing the pre-sentence investigation” report.

2

According to the probation officer, defendant did cooperate in the preparation of the presentence investigation report by, among other things, showing up for the interview on time and with all of the required documentation and answering all of her questions.