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PEOPLE v. TORRES

18 A.D.3d 214 (2005)

793 N.Y.S.2d 762

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE TORRES, Appellant.

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

May 3, 2005.

The court properly exercised its discretion in imposing the prison sentence provided for in defendant's plea agreement since, despite two separate opportunities, defendant failed to complete a drug program as required by the agreement (see People v Avery, 85 N.Y.2d 503, 507-508 [1995]). To the extent that defendant is raising a constitutional claim, such claim is unpreserved and we decline...

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