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PEOPLE v. JONES

12 A.D.3d 315 (2004)

784 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINDALE JONES, Appellant.

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

November 30, 2004

The court properly imposed a prison sentence pursuant to defendant's plea agreement after defendant concededly violated that agreement by leaving a drug program without permission and thereby forfeited his opportunity for a more lenient disposition (see e.g. People v Felipe, 309 A.D.2d 514 [2003], lv denied 1 N.Y.3d 571 [2003]). Defendant's contention that the court unlawfully abdicated its sentencing discretion to the prosecutor...

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