PEOPLE v. GARCIA

1819, 5122/06

68 A.D.3d 560 (2009)

2009 NY Slip Op 9376

891 N.Y.S.2d 62

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR GARCIA, Appellant.

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

Decided December 17, 2009.


Regardless of whether defendant's waiver of his right to appeal forecloses review of the sufficiency of the evidence that he violated the terms of his plea agreement by failing to complete a drug treatment program, the court properly found that defendant had violated the rules of the program. A counselor at the treatment facility testified that defendant was found in possession of a syringe cap and a glassine envelope containing what appeared to be heroin. This was sufficient...

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