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PEOPLE v. PACHECO

Nos. 5636, 394/02.

88 A.D.3d 584 (2011)

931 N.Y.S.2d 494

2011 NY Slip Op 7482

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE PACHECO, Appellant.

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

Decided October 25, 2011.

The record supports the court's determination that substantial justice dictated that defendant's application be denied (see e.g. People v Marti, 81 A.D.3d 418 [2011], lv denied 17 N.Y.3d 798 [2011]). Defendant was given four opportunities to complete the drug treatment program to which he was initially sentenced, and he did not succeed. He has an extensive criminal history, which includes...

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