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PEOPLE v. BATTLE

287 A.D.2d 361 (2001)

731 N.Y.S.2d 615

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD BATTLE, Appellant.

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

Decided October 23, 2001.

Defendant's claim that he was improperly sentenced under his plea of guilty to a felony, which had been accompanied by a promise that defendant could obtain a misdemeanor disposition upon successful completion of a drug program, is unpreserved since he neither requested a hearing regarding his termination from the program, nor moved to withdraw his plea (see, People v Bratt, 261 A.D.2d 254, lv denied 94 N.Y.2d 820; People...

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