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PEOPLE v. COOPER

21 A.D.3d 836 (2005)

803 N.Y.S.2d 3

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD COOPER, Appellant.

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

September 27, 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 he could obtain a misdemeanor disposition upon successful completion of a drug program, is unpreserved since defendant neither requested a hearing nor moved to withdraw his plea (see 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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