PEOPLE v. RHYMER


3 A.D.3d 315 (2004)

769 N.Y.S.2d 879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RHYMER, Appellant.

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

January 6, 2004.


Defendant's state law claim that he was improperly sentenced is unpreserved since he neither requested a hearing regarding his termination from the drug treatment program nor moved to withdraw his plea (see People v Battle, 287 A.D.2d 361 [2001], lv denied 97 N.Y.2d 751 [2002]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court correctly concluded that defendant...

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