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PEOPLE v. BARNES

2546, 6902/03.

72 A.D.3d 516 (2010)

899 N.Y.S.2d 189

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE BARNES, Appellant.

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

Decided April 15, 2010.

The court properly exercised its discretion in determining that defendant's admitted violation of his plea agreement, by leaving a drug program without permission, disqualified him for the promised dismissal of the indictment. Defendant failed to preserve his claim that he was constitutionally entitled to a hearing (see People v Barnes, 46 A.D.3d 375 [2007], lv denied 10...

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