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PEOPLE v. TRAVERS

2011-05095.

95 A.D.3d 1239 (2012)

945 N.Y.S.2d 169

2012 NY Slip Op 4034

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW TRAVERS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 23, 2012.

Ordered that the judgment is affirmed.

The defendant contends that the sentencing court, during its inquiry into allegations that he violated the conditions of his plea and of his release under the judicial diversion program (see CPL art 216), deprived him of his right to due process when it relied upon unsworn testimony.

Contrary to the People's contention, the defendant did not validly waive his right to appeal (see People v Bradshaw,

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