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PEOPLE v. McCARY

173 A.D.2d 860 (1991)

The People of the State of New York, Respondent, v. Clarence McCary, Appellant

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

May 31, 1991

Ordered that the judgment is affirmed.

The defendant's contention that the sentencing court erred in imposing an enhanced sentence based upon his violation of one of the conditions of the plea agreement, without first giving him an opportunity to withdraw his guilty plea, is unpreserved for appellate review since the defendant neither requested the withdrawal of his plea nor moved to vacate the plea on this basis (see, CPL 470.05 [2]; People v Connor

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