Opinion
(1044) KA 00-00773.
September 28, 2001.
(Appeal from Judgment of Onondaga County Court, Merrill, J. — Criminal Mischief, 2nd Degree.)
PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment of conviction entered upon his plea of guilty, defendant contends that County Court failed to conduct a sufficient inquiry into the validity of his postplea arrest before imposing an enhanced sentence for violation of a no-arrest condition of the plea bargain. We disagree. Although a court may not impose an enhanced sentence unless "the court can be satisfied * * * of the existence of a legitimate basis for the arrest" ( People v. Outley, 80 N.Y.2d 702, 713; see, People v. McClemore, 276 A.D.2d 32 , 36), here the existence of a legitimate basis was established by the admission of defendant that he violated an order of protection ( see, People v. Outley, supra, at 713). Furthermore, we reject the contention of defendant that the court erred in denying his request to withdraw his plea ( see, People v. Santiago, 269 A.D.2d 770).