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PEOPLE v. VALENCIA

3 N.Y.3d 714 (2004)

819 N.E.2d 990

786 N.Y.S.2d 374

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

Court of Appeals of the State of New York.

Decided October 14, 2004.

Attorney(s) appearing for the Case

Laura R. Johnson, New York City (Kerry Elgarten of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jonathan Zucker, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In Supreme Court, Bronx County, defendant entered a guilty plea to a felony charge of criminal sale of a controlled substance in or near school grounds. Pursuant to the plea agreement, defendant entered a drug treatment program. In entering the agreement, defendant was told that if he successfully completed the program...

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