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PEOPLE v. MONTALVO

232 A.D.2d 237 (1996)

648 N.Y.S.2d 85

The People of the State of New York, Respondent, v. Wilfredo Montalvo, Appellant

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

October 10, 1996

Defendant's claim that the sentencing court erred in enhancing his bargained-for sentence without inquiring into the validity of the postplea arrest, that constituted a violation of his plea bargain, is unpreserved as a matter of law, no such claim having been raised before the sentencing court (People v Lewis, 214 A.D.2d 415, lv denied 86 N.Y.2d 797), and we decline to review it in the interest of justice. Were we to review...

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