PEOPLE v. RIVERA


32 A.D.3d 446 (2006)

820 N.Y.S.2d 306

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RIVERA, Appellant.

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

August 8, 2006.


Ordered that the judgment is reversed, on the facts and as a matter of discretion, and that the matter is remitted to the Supreme Court for further proceedings in accordance herewith.

The defendant received an enhanced sentence after it was found that he failed to satisfy a condition of his plea bargain that required him to successfully complete a drug treatment program. The defendant allegedly was discharged from the program after he relapsed. However, the defendant...

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