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PEOPLE v. COVINGTON

28 A.D.3d 575 (2006)

811 N.Y.S.2d 919

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNATHAN COVINGTON, Appellant.

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

April 11, 2006.

Ordered that the judgment is affirmed.

The defendant's contention that he was denied his right to due process of law when the sentencing court failed to hold a hearing into the circumstances surrounding his discharge from the Treatment Alternatives to Street Crime program is unpreserved for appellate review since he did not request a hearing or move to withdraw his plea (see CPL 470.05 [2]; see People v. Mackey, 77 N.Y.2d 846

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