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PEOPLE v. ALBERGOTTI

2474, 737/08

72 A.D.3d 401 (2010)

898 N.Y.S.2d 38

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN ALBERGOTTI, Appellant.

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

Decided April 1, 2010.

Defendant failed to preserve his claim that his due process rights were violated because the court allegedly failed to conduct an adequate inquiry as to whether he violated the terms of his plea agreement (see People v Barnes, 46 A.D.3d 375 [2007], lv denied 10 N.Y.3d 808 [2008]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The sentencing court...

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