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PEOPLE v. VIERA

5991, 5583/07

89 A.D.3d 509 (2011)

932 N.Y.S.2d 70

2011 NY Slip Op 7935

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL VIERA, Appellant.

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

Decided November 10, 2011.

Defendant did not preserve his claim that his sentence violated his plea agreement (see e.g. People v Taylor, 5 A.D.3d 333 [2004], lv denied 3 N.Y.3d 648 [2004]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.

At the time of the plea, the court warned defendant that he was subject to a sentence of eight years if...

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