PEOPLE v. GARCIA


247 A.D.2d 549 (1998)

668 N.Y.S.2d 919

The People of the State of New York, Respondent, v. Raphael Garcia, Appellant

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

February 17, 1998


Ordered that the judgment is affirmed.

We reject the defendant's contention that he was denied the right to counsel when the court conducted a proceeding in the absence of counsel to determine if the drug treatment program Treatment Alternatives to Street Crime (hereinafter TASC) would accept the defendant back into the program after he failed to complete the program. In addition, the court did not improvidently exercise its discretion in sentencing the defendant...

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