Under the terms of defendant's cooperation agreement and appeal waiver, the only issue properly before this Court is whether the People acted in an arbitrary and capricious manner in determining whether defendant qualified for lenient treatment. Defendant waived a judicial determination of any factual issues concerning his compliance or noncompliance with the agreement (see People v Johnson,
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PEOPLE v. ANONYMOUS
305 A.D.2d 156 (2003)
757 N.Y.S.2d 847
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 6, 2003.
Decided May 6, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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