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PEOPLE v. KITCHENS

46 A.D.3d 577 (2007)

846 N.Y.S.2d 625

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY KITCHENS, Appellant.

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

Decided December 4, 2007.

Ordered that the judgment is affirmed.

The defendant's general waiver of his right to appeal does not foreclose review of his contention that he was denied his right to due process when the sentencing court failed to hold a hearing into the circumstances surrounding his failure to complete a drug treatment program (see People v Garner, 18 A.D.3d 669 [2005]; People v Stowe,

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