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PEOPLE v. CATALDO

236 A.D.2d 481 (1997)

654 N.Y.S.2d 591

The People of the State of New York, Respondent, v. Douglas Cataldo, Appellant

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

February 10, 1997

Ordered that the judgment is affirmed.

The defendant's contention, raised for the first time on appeal, that the prosecutor violated the terms of the plea bargain by making a sentencing recommendation, has not been preserved for appellate review. The defendant did not object to the prosecutor's remarks at sentencing, nor did he move to withdraw his plea (see, CPL 470.05 [2]; People v Marciante,

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