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PEOPLE v. McNAIR

22 A.D.3d 376 (2005)

802 N.Y.S.2d 445

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT McNAIR, Also Known as DAVID ROBINSON, Appellant.

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

October 20, 2005.

Defendant's claim that he was improperly sentenced under his plea of guilty to a felony, which had been accompanied by a promise that defendant could obtain a misdemeanor disposition upon successful completion of a drug program, is unpreserved since he never requested a hearing or moved to withdraw his plea (see e.g. 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...

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