PEOPLE v. HILL

3418, 5508/03.

77 A.D.3d 518 (2010)

908 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN HILL, Appellant.

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

Decided October 21, 2010.


Defendant's plea agreement provided that the felony conviction would be vacated if he successfully completed a drug program. In the circumstances of this case, defendant's challenge to the basis for the program's decision to terminate him gave rise to a factual dispute that required the court to conduct an inquiry of sufficient depth to satisfy itself that there was a legitimate basis for the program's decision (see People v Fiammegta, 14 N.Y...

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