Majority
Appeal by the defendant from a judgment of the County Court, West-chester County (Cacace, J.), rendered September 30, 2014, convicting him of course of sexual conduct against a child in the second degree, upon a plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s waiver of his right to appeal does not foreclose review of his contention that he was deprived of his right to due process because the sentencing court failed to conduct a sufficient inquiry to determine whether he violated a condition of his plea agreement requiring that he not be arrested for a new crime (see People v Cousar, 128 AD3d 716 [2015]; People v Arrington, 94 AD3d 903 [2012]). However, contrary to the defendant’s contention, the inquiry conducted by the sentencing court was sufficient to determine that there was a legitimate basis for the defendant’s post-plea arrest, and thus satisfied the requirements of due process (see People v Driscoll, 131 AD3d 766 [2015]; People v Arrington, 94 AD3d 903 [2012]).
The defendant’s remaining contention is without merit.
Dillon, J.P., Sgroi, Miller and Barros, JJ., concur.
Cases cited
- People v. Cousar 128 AD3d 716 p. 799
- People v. Arrington 94 AD3d 903 p. 799
- People v. Driscoll 131 AD3d 766 p. 799
- People v. Lococo 92 NY2d 825 at 827 p. 800
- People v. Frazier 127 AD3d 1229 at 1230 p. 800