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PEOPLE v. ANONYMOUS

11 A.D.3d 245 (2004)

783 N.Y.S.2d 13

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.

October 7, 2004.

Defendant's claim that the court erred by failing to conduct a hearing on the issue of whether he breached his plea and cooperation agreement is unpreserved because he neither requested such a hearing nor moved to withdraw his plea (see People v Anonymous, 249 A.D.2d 167 [1998]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that there was no evidence of arbitrary or capricious...

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