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PEOPLE v. TORRES

303 A.D.2d 236 (2003)

755 N.Y.S.2d 607

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE TORRES, Appellant.

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

Decided March 13, 2003.

Defendant was properly sentenced to a term of incarceration where he failed to comply with the terms of his plea agreement providing for dismissal of the indictment upon successful completion of a drug program (see People v Avery, 85 N.Y.2d 503, 507-508 [1995]). Contrary to defendant's contention, his termination from the program was based on substantial violations of the program...

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