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PEOPLE v. BROWN

13 A.D.3d 548 (2004)

786 N.Y.S.2d 583

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON BROWN, Appellant.

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

December 20, 2004.

Ordered that the judgment is affirmed.

The defendant pleaded guilty to burglary in the third degree with a promise of a term of imprisonment of 3½ to 7 years, with an additional promise that he would be permitted to withdraw the plea if he successfully completed a drug treatment program. After failing to complete three separate programs, the defendant was sentenced as promised. He appeals, contending that his plea was...

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